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COMMONWEALTH OF AUSTRALIA.

HISTORICAL RECORDS

OF

AUSTRALIA

SERIES I.

GOVERNORS' DESPATCHES TO AND
FROM ENGLAND.

VOLUME II
1797-1800

fJuMisheb bp :
THE LIBRARY COMMITTEE OF THE COMMONWEALTH PARLIAMENT.

1914.

SYDNEY :
WILLIAM APPLEGATE GULLICK, GOVERNMENT PRINTER.

1914.

feaciflc Islands

HISTORICAL RECORDS

OF

AUSTRALIA.

Ser. I. Vol. II— a

OOro

INTRODUCTION

Governor Hunter.

Captain John Hunter, the second Governor of New South
Wales, was a typical example of the big-hearted, incorruptible,
and zealous naval commander of the period, a man reared and
educated amid the stern realities of naval service prior to the peace
of Paris in 1783, who knew of no service except that of his King
and country, and who thus was unable to perceive and overcome
the devious actions of self-seeking individuals. He rose from
service before the mast by individual merit, and practically
possessed no influence in high quarters until he attracted the
attention and obtained the patronage of Lord Howe in the middle
seventies. Owing to the want of someone to further his claims for
promotion, he served for twenty-six years before he obtained his
commission as a lieutenant.

John Hunter was born at Leith on the 29th of August, 1737.
He was the son of William Hunter, a captain in the mer-
chant service. When quite a boy, he showed a preference for a
seafaring life, and was taken by his father on a voyage which
terminated in shipwreck on the coast of Norway. After his return,
he lived with his uncle, Robert Hunter, at Lynn Regis, and was
educated in the town of Lynn. He was then intended for the
church, and spent a short time at the University of Aberdeen.
The attractions of the life at sea, however, were stronger, and in
May, 1754, at the age of sixteen years, he shipped as captain's
servant to Thomas Knackton on H. M. sloop Grampus. In the
year 1755, he served as an able seaman on the Centaur of 24 guns,
and after fifteen months in that capacity he was appointed a mid-
shipman in the same vessel. In 1757, he was transferred to the
Union, and later to the Neptune, the flagships of Sir Charles
Knowles, and in the Neptune took part in the expedition against
Rochefort. When the Neptune became the flagship of Sir Charles
Saunders, he remained in her commission, and in 1759 he was
present at the reduction of Quebec.

SER. I. VOL. 11— &

vi INTRODUCTION.

During the years 1755 to 1759, Hunter had devoted all his spare
time to the study of navigation and astronomy, and when he
returned to England he qualified by examination for a commission
as lieutenant in February, 1760; but the desired commission was
not obtained until twenty years later. He served the following four
years as midshipman, first in the Princess Amelia, the flagship of
Admiral Durell, and afterwards in the Royal George. In 1764, he
was appointed master's mate, and spent two years in the frigate
Tzveed on the Newfoundland station. In 1766, when Admiral
Durell commissioned the Launceston as his flagship on the North
American station, Hunter was selected as master's mate, and in
the following year he acted as master, and to this appointment he
was confirmed in 1768.

Whilst on foreign service, he constantly devoted himself to
obtaining proficiency in the navigation of all seas and harbours
visited, and on his return to England in 1769 he passed the
examination at Trinity House and obtained a qualification of the
fourth rate. Then for nearly two years he served on the frigate
Carysfort, on the Jamaica station, and greatly distinguished him-
self when that vessel was almost lost on the Martyr Reefs. From
1772 to 1774, he was on the Intrepid on the West Indian station,
and in 1775 became master of the Kent, and soon after of the
Foudroyant, both commanded by Captain Jervis (afterwards Earl
St. Vincent).

Hunter's merits were then well known, and when Lord Howe
was commissioning his flagship, the Eagle, prior to assuming com-
mand on the North American station, he sought and obtained the
services of Hunter as master in that ship. This proved to be
Hunter's opportunity, for after greatly distinguishing himself at
the operations in the Delaware and at the defence of Sandy Hook,
Howe warmly recommended him for a commission. This recom-
mendation produced no immediate effect, but Hunter had secured
a patron who had great influence on his subsequent career.

Hunter next served on the West Indian station, and whilst on
active service Sir George Rodney gave him his commission as a
lieutenant on the Berwick. In 1782, Lord Howe took the com-
mand of the Grand Fleet, and appointed Hunter admiral's third
lieutenant ; soon after he was promoted to be first lieutenant of the

INTRODUCTION. vii

Victory, and finally to the command of the fire-ship Spitfire. On
his return to Portsmouth, he was appointed in November, 1782, to
the command of the sloop Marquis de Seignelay.

In 1783 the Peace of Paris was announced, and in the same
year Lord Howe, who was Hunter's chief patron, became First
Lord of the Admiralty in the Pitt administration. When, in 1786,
it was decided to found the settlement in New South Wales,
H.M.S. Sirius was detailed to convoy the first fleet, and Lord
Howe appointed Hunter second captain of that ship with the rank
of post-captain. Shortly before sailing, Hunter also received a
dormant commission to succeed Governor Phillip in the govern-
ment of the colony in the event of Phillip's death or absence.

Whilst on the colonial service, Hunter distinguished himself by
his surveys of Port Jackson, Botany Bay, and Broken Bay, and by
his observations for the determination of the latitude and longi-
tude of Port Jackson. He also accomplished the circumnavigation
of the globe in southern latitudes, when on a voyage to obtain
supplies for the infant settlement from the Cape of Good Hope.
On the 19th of March, 1790, the Sirius was wrecked at Norfolk
Island, and Hunter thus experienced shipwreck for the third time.

Hunter returned to England in April, 1792, after a voyage
lasting thirteen months in the Dutch snow Waaksamheyd, and was
tried and honourably acquitted by the court-martial which was held
to inquire into the loss of the Sirius.

.In 1788, Lord Howe had been succeeded at the Admiralty by
Lord Chatham, and when Hunter returned was again at sea. His
flagship, the Queen Charlotte, was commanded by Sir Roger
Curtis, and Hunter sought and obtained service on board as a
volunteer.

Hunter was thus engaged when, in 1793, it became known that
Governor Phillip's leave of absence was to be terminated by his
resignation. Hunter became an applicant for the vacant post, and
his claims were warmly supported by Lord Howe and Sir Roger
Curtis. In a letter to Under Secretary Nepean, Curtis stated
that " if incorruptible integrity, unceasing zeal, a thorough know-
ledge of the country, and a sound and steady judgment are quali-
fications desirable in the Governor of New South Wales, they will
not be found in a higher degree in any man living."

viii INTRODUCTION.

Hunter was appointed on the 23rd of January, 1794, and his
commission* was dated on the 6th of February following. He was
in his fifty-seventh year, and for nearly forty-one years his life
had been spent in active service. In March, 1794, H. M. ships
Reliance and Supply were commissioned to replace the Sirius and
the armed tender Supply in the colonial service. After embarking
on the Reliance, Hunter sailed from England on the 25th of
February, 1795, and arrived in Port Jackson on the 7th of Septem-
ber following. Four days later, he assumed the government and
subscribed to the oaths of office.

When Hunter had left Port Jackson in March, 1791, the settle-
ment was rapidly developing under the well-considered govern-
ment of Phillip; when he returned in September, 1795, he found
the settlement verging into chaos, and at once perceived the
necessity for innumerable reforms. The civil government had been
replaced by a military administration ; religious observances were
almost neglected ; the spirit of commercialism pervaded the
officers of the government ; many of the settlers were in a state of
bankruptcy ; immorality and intoxication were common ; public
agriculture had been practically abandoned, and the government
was dependent on the grain raised by military officers and other
farmers ; the system of general musters was in confusion ; the land
administration was frequently irregular.

Hunter rapidly realised the problems with which he was con-
fronted, and in a letter to Sir Samuel Bentham,f stated : " I had
not been long entered upon [the duties of my office] before I was
awakened from that dream of comfort and satisfaction the pros-
pect of which I had so vainly indulged." In the same letter
Hunter candidly expressed his feelings : " the fatigue to which the
Governor of this territory must submit, both mental and corporeal,
is far beyond any idea you can have of the nature of his duty
rendering such fatigue necessary in the Commander-in-Chief. I
may venture, however, to assure you that had I been gifted with
the power of looking into future events, happy as I shall ever be to
obey the commands of his Majesty and to go wherever he may be
pleased to order me, I never should have covetted that [duty]

* See volume I, page 513 et seq.
fThis letter, dated 20th May, 1799, is preserved amongst the Bentham
papers in the British Museum.

INTRODUCTION. ix

which now occupys my endeavours ; in short, altho' I possess not
a shilling in the world besides my Commission in the Navy, my
present salary would not have been an object sufficient to have
inclined me to return to this country, for after all I suffered
formerly in its service my troubles then were by no means equal
to my fatigues now; that convenient gift I am mentioning would
have laid open to my view those works which I shall ever believe
were intentionally designed for my embarrassment, but you will
not suppose to distress me individually could be the object; but
it appeared to be considered a disappointment that another naval
officer should be appointed to the chief command. I have
struggled on under every possible difficulty, and as it has pleased
God to give me health and strength equal to my zeal, I will
continue to hope that I may be able to act in such way as may give
satisfaction to his Majesty. When my health and strength begin
to decline, which according to the common course of nature I
ought to expect before long, I will then decline my present office,
and endeavour to obtain his Majesty's permission to do so; untill
that time I will persevere in my best exertions for conquering
every difficulty, whether they be natural or artificial ones, of
which last kind we have too many people in this colony disposed
to create all they can." In these few words, Hunter summarised
his difficulties and the spirit with which he faced them.

Almost from the day of his arrival to the date of his embarka-
tion, Hunter was engaged in an interminable struggle to overcome
and regulate the abuses which developed in the colony. In his
efforts he did not receive the loyal and whole-hearted sympathy
of the English authorities. This lack of support was due to
various causes. In England, it was not realised that the colony
was emerging from the status of a mere penal settlement with a
military guard to that of a colony with a small nucleus of free
persons who were desirous of engaging in private agriculture and
trade with the object of bettering themselves, and that this small
coterie had rights to be considered, although on many occasions
these claims were discounted by their exorbitant demands. During
the period of Hunter's government, England was engaged in a life
and death struggle with France and her allies, and this situation
was further complicated by the Irish rebellion of 1798, and the
events which preceded it. The result was that the affairs of the
colony did not receive the necessary attention, and vital criticism

x INTRODUCTION.

was not forwarded as promptly as was advisable; thus Hunter's
despatches, dated from the 10th of January to the 25th of Sep-
tember, 1798, were not acknowledged by the Duke of Portland
until his despatch of the 5th of November, 1799, and in the same
despatch Hunter was recalled. Hunter was also submitted to the
indignity of being called upon* to reply to anonymous charges
against himself and his officers. The bitterness of his feelings on
that occasion was aptly expressed in the beginning of his replyf
to the charges — " it is not in my power, my Lord, to furnish
language sufficiently expressive of my extreme astonishment and
sincere regret at the contents of your Grace's separate letter " —
and again in his despatch J of the 5th of January, 1800 — " Let
those even whose conduct have compelled me, as a duty I owed to
His Majesty's service, to complain to your Grace appear openly
and fairly, and attempt to show in the most trifling degree any one
act of mine at which I ought to blush, and they will find me
prepared to meet them. Let my conduct and character as an
honest and conscientious man, professing to possess that integrity
which will be acknowledged an essential point in the character of
an officer, be thoroughly examined and confirmed, or let my
deviation from the sacred paths of truth and justice, from honor
and every virtuous principle, be made known to the world ; when
your Grace shall appear satisfied in either the one or the other, I
shall feel myself at liberty, if I receive His Majesty's permission,
to quit a colony in which I have had more to struggle with than
any consideration upon earth but a thorough attachment to the
public service could have induced me to have undertaken had I
known what it really was."

After Hunter had returned to England, his services were recog-
nised by the granting of a pension of £300 per annum; but this
recognition was somewhat qualified by Lord Hobart§ in his state-
ment that " it would not be for the advantage of his Majesty's
service that he [Hunter] should be appointed to a civil govern-
ment," thereby indicating some doubts as to Hunter's capacities
as a governor.

The first reform instituted by Hunter was the restoration of the
civil government. By this action, many of the military officers

* See Portland's despatch, page 338 et seq. f See page 394.

% See page 428.

§ In a letter to the Right Hon. Henry Addington, dated 13th October, 1802.

INTRODUCTION. xi

were deprived of the power which they had held for two and a
half years, and which had been used not solely for the benefit of
the colony, but in many cases for their own personal advancement.
Having tasted the sweets of office and of power, they were
loth to lose them, and early evinced antagonism to the
reformer. The change was initiated in Sydney and its neigh-
bourhood early in October, 1795, but at Parramatta Captain
Macarthur was permitted to fulfil the duties which had been
assigned to him by Lieutenant-Governor Grose. Soon, however,
Macarthur found that his powers, which had been practically
absolute in the district of Parramatta, were much circumscribed ;
and on the 29th of February, 1796, his resignation of and the
appointment of Richard Atkins to the Inspectorship of Public
Works was announced in general orders. This terminated the
first period of military rule in the settlement, and commenced the
epoch of simmering discontent and covert antagonism amongst
the military, which culminated in the deposition of Governor
Bligh on the 26th of January, 1808. The military opposition to the
civil government was throughout dominated by John Macarthur.
This received open expression in his letter* and its enclosures to
the Duke of Portland, dated September, 1796. This letter was a
scarcely veiled attack on the entire administration and the early
reforms of Hunter. Macarthur was a man possessed of many
large and far-sighted ideas ; but their consummation was often
•delayed and their realisation blighted by his overbearing manner,
his impatience of criticism, and a venomous and unscrupulous
method in attempting to browbeat those whom he considered to
be adversaries to his proposals.

The bitterness engendered by Macarthur's conduct was well
shown by Hunter's frequent references to him, describing him as
"'some disappointed person" (page 11), "a speculating in-
dividual" (page 24), and a man of "restless ambitions and
litigious disposition" (page 160). When the Duke of Portland
received Macarthur's letter, he returned it to Hunter for criticism ;
Portland at the same time statedf that he felt sure Hunter would
avail himself of Macarthur's suggestions, if of value, and he thus
showed that the letter had some influence over him. Hunter

* See page 89 ct seq. f See page 89.

xii INTRODUCTION.

replied in a letter, dated 25th July, 1798, and generally condemned
Macarthur's proposals ; but when Portland acknowledged this
despatch, he had already decided to recall Hunter.

During the first year of his administration, Hunter had to
reform the conduct not only of the officers, but also of the rank
and file of the New South Wales Corps. During the military
regime of Grose and Paterson, the soldiery, following the examples
of their officers, became the dominant party in the lower orders.
Being united by the common bond of military service, they sup-
ported one another in co-operative actions against their disunited
contemporaries. This had an evil influence over them when
unchecked by their officers, and resulted in a general tendency
to violent and mutinous conduct. The climax was reached in
February, 1796, when a number of soldiers raided the house of
John Baughan, levelled it with the ground, and destroyed its con-
tents* ; this was an act of revenge because Baughan had been party
to the arrest of a soldier. Hunter ordered the arrest of the four
ringleaders, but before the warrants were executed Hunter can-
celled them on the intercession of Macarthur, who expressed the
contrition of the offenders and their willingness to indemnify
Baughan for all damage. For this act of clemency Hunter was
censured by the Duke of Portland. f

The second great evil with which Hunter was confronted was
the development of private trading since the departure of Gover-
nor Phillip. This was mainly in the hands of the military officers
and their agents, although a few of the civil officers had been
allowed to participate. The trade was a monopoly of the worst
kind. Whenever a vessel arrived in Port Jackson with stores for
private sale, the entire cargo was purchased by a syndicate of a few
officers before the smaller purchasers had an opportunity of nego-
tiating. This method was naturally the most convenient for the
shipmaster ; but at the same time the syndicate acquired an absolute
monopoly, as these occasional ships were the only means by which
the settlers who were not supported from the public stores could
obtain many of the bare necessaries of life. The traders then
retailed these goods at from one hundred to twelve hundred per
cent, on the purchase price.

The evil, however, did not end there. The government stores
from time to time were opened for the purchase of certain quan-
tities of grain, and when filled they were closed. The required

* See volume I, page 573 ct seq. t Sec page 106.

INTRODUCTION. xiii

quantity was frequently lodged by a few individuals, and any
others who possessed grain were laden with an unmarketable
asset. Labourers were in consequence paid in grain, and they
were forced to negotiate it with the dealers ; the latter accepted it
only at a discount of fifty or sixty per cent, of its value, and then
only in payment for imported goods at many hundreds per cent,
premium.

The prevalence of such methods was followed by the inevitable
result — the bankruptcy of the smaller settlers and the pauperism
of the labouring classes. At the same time the select coterie of
monopolists rapidly accumulated large sums of money.

In his efforts to overcome the evils of commercialism, Hunter
was entirely unsuccessful. He recognised only one principle in
controlling public life, namely, the sinking of self in the service of
the country, and, possessing little knowledge of diplomacy, he was
unable to grapple with the deep-laid schemes of the traders. He
realised the evils of trade and the consequences of the self-seeking
tactics of the military and the officials of the government, but, like
his two successors, he failed in striking a blow at the source of the
trouble.

Theoretically, it was possible for Hunter to have issued an
order forbidding any officer of the civil or military establishments
to engage in trade, as was suggested by the Duke of Portland * ;
but Hunter felt that it would be of no avail unless he had the
power to enforce the proclamation. The greater number of the
military officers and the civil staff were more or less involved in
the traffic in spirits, and were loth to lose this lucrative trade, and
the few who were not interested were unwilling to support any
action which was antagonistic to their colleagues. It was also
unwise to employ the police to enforce the necessary regulations,
because they were recruited entirely from the convict class, and
therefore unsuitable as custodians of the law when applied to the
governing class.

The prohibition of the importation of spirits was not feasible
for similar reasons, and smuggling was common even when
Hunter attempted to regulate the quantity landed.

In June, 1798, Hunter officially sanctioned an agreement
between all the military officers and some of the principal inhabit-
ants which was designed to control the purchase of imported
goods. Although by this action Hunter gave some countenance

* See page 227.

xiv INTRODUCTION.

to the trading of officers, yet if the principle of the agreement
had been carried out it would have practically abolished all
monopoly. It was agreed that whenever a ship entered the
harbour two officers should act as agents on behalf of all the
signatories for the purchase of the cargo, and that each individual
should receive his proportion of the goods which he required.
Each signatory also bound himself in the sum of one thousand
pounds sterling not to purchase directly or indirectly any portion
of the cargo which the agents had failed to secure. The tenor of
this agreement was thus co-operative and anti-monopolistic in its
principles. It, however, failed in its purpose, as it was against
the spirit of the times, and all the advantages derived fell into the
hands of the few possessed of capital, instead of being available
to the public at large.

Hunter's orders about the importation of spirits also failed.
There is one trial for smuggling* recorded, but the result was
abortive on account of the technical points raised.

The problem of the assignment of convicts to officers was
another difficulty experienced by Hunter. When he arrived in
the colony to take up the government, the raising of grain on
account of the Crown had been practically abandoned, an un-
limited number of convicts clothed and fed from the public stores
were assigned to the officers to enable them to carry on private
agriculture, and their grain was purchased to replenish the com-
missariat. In a despatch,! dated ioth June, 1795, the Duke of
Portland re-affirmed the instructionst of the Right Hon. Henry
Dundas, dated 30th June, 1793, that each officer was to be allowed
two convicts maintained by the government for two years only.
Hunter received these instructions on the nth of February, 1796,
and the lack of appreciation of the difficulties thereby created is an
excellent example of the poor knowledge possessed in England of
the problems involved. For more than three years many of the
military and civil officers, relying on the supply of convict labour,
had been engaged in the raising of grain at considerable pecuniary
benefit to themselves, and the sudden withdrawal of this privi-
lege could not be accomplished without strong opposition and the
dislocation of local conditions. The public stores were very largely
dependent on the produce of the officers' farms for the supplies
of grain, and these could not be disregarded, until such time had
elapsed as would have been necessary for the clearing, cultivation,

* See page 423. f See volume I, page 495. % See volume I, page 442.

INTRODUCTION. xv

and cropping of a sufficient acreage on the public account. Also all
agriculturists were dependent mainly on the market Created by
the purchase of grain at the public stores. The officers most
certainly could have paid for their assigned servants, who cost
the Crown £20 per annum, in the produce of their farms ; but it is
doubtful if in 1796 agriculture by hand, which was the only
method possible owing to the want of beasts of burden, would
have been sufficiently remunerative under the altered conditions to
have induced the officers to continue their farming. Hunter would
then have been confronted with the problem of insufficient local
supplies and the necessary importation of grain. He therefore
proposed the plan,* early in 1796, for reducing the number of
servants assigned to each officer by two or three, and the main-
tenance by each of two or three, according to the size of each
farm. At the same time, he directed the increase of the area in
cultivation on the public account, but owing to the employment of
the convicts in the repair of public buildings, which was urgently
necessary, the government land could not be cropped in the
season 1 796-1 797. Portland, in his despatch, f dated 31st August,
1797, approved of Hunter's general idea respecting the employ-
ment of convicts, but at the same time ordered that only two con-
victs maintained by the public stores should be allowed to each
civil and military officer, and to no one else. Hunter received this
despatch on the 18th of May, 1798, and two days later issued an
order J establishing the new principle, which came into force on
the 1st of August following. In the fulfilment of this principle
Hunter appears to have been imposed upon ; but, when he was
made aware of this, he requested anyone knowing of such im-
position to come forward and the abuse would be at once rectified. §
The new practice was adopted, and for such extra assigned
servants as continued to be victualled from the public stores, the
employer was charged £20 per annum for each full ration.

Another of Hunter's difficulties was created by the inferior class
of many civil officers who were sent out to join the colonial estab-
lishment. Richard Dore arrived in May, 1798, holding a commis-
sion as deputy judge-advocate; he was a constant sufferer from
ill-health, but Hunter found him also untrustworthy, and on one
occasion detected him interpolating unauthorised paragraphs in the
despatches to the Secretary of State which he had written as

* See volume I, page 648.
f See page 108. %See page 215. § See page 448.

xvi INTRODUCTION.

Hunter's secretary.* During the eighteen months following his
arrival, Dore caused considerable discontent with the legal admin-
istration, which was probably the cause of Hunter becoming an
advocate for drastic reforms after his return to England. Of the
other officers, Hunter described the millwright and miller as " sad
impositions," one of the assistant surgeons as " the most incor-
rigible drunkard I ever beheld," and some of the superintendents
were found to be quite untrustworthy. In many cases it was
impossible for Hunter to remove the defaulters from their respec-
tive offices on account of " the local inconvenience which the
public service wou'd have experienc'd," and frequent representa-
tions on the subject were neglected by the Secretary of State.

During his administration Hunter gave every possible encour-
agement to exploration. He despatched John Wilson on two
expeditions into the country to the south of Picton in January
and March, 1798. In the previous November, he equipped and
manned a whaleboat for the use of Surgeon Bass in exploring the
south coast ; during this expedition Western Port was discovered
and the existence of Bass' Strait was virtually established. In
December, 1798, he sent Lieutenant Flinders and Surgeon Bass in
the sloop Norfolk to make further explorations to the south, and
in this voyage the circumnavigation of Tasmania was accom-
plished.

On the 15th of April, 1800, the transport Speedy arrived in
Port Jackson, carrying the despatch f which severely censured
Hunter and ordered him to return to England by the first safe
conveyance. On the same boat Lieutenant-Governor King
returned to the settlement bearing a commission,^ dated 1st May,
1798, to take up the government in the event of the death or
absence of Governor Hunter.

The Duke of Portland's treatment and recall of Hunter can
hardly be considered just or reasonable. After receiving and
entertaining charges against the colonial administration made
anonymously, which is the most contemptible of all methods, Port-
land had written a despatch, § dated 26th February, 1799, calling
upon Hunter for a refutation of them. Hunter received this
despatch in Port Jackson on the 3rd of November following, and
two days later in England Portland signed the recall. Hunter
had thus no opportunity of defending himself, and was un-
doubtedly condemned unheard.

* See note.60. f See page 387. $ 5tr page 605. § See page 338.

INTRODUCTION. xvii

During the interval which elapsed between the arrival of the
Speedy and the embarkation of Governor Hunter on the 28th of
September, Lieutenant-Governor King occupied an anomalous
position. His conduct during this period was strange, and made
the closing months of Hunter's rule still more irksome. He
appears to have been actuated by a desire to obtain the govern-
ment from Hunter as quickly as possible. His action in delivering
open for Hunter's perusal his first despatch* to the Duke of Port-
land containing the statement that " should His Majesty's com-
mands for Governor Hunter's return by the first safe conveyance

not be attended to I shall not fail to follow my

instructions " is inexplicable, and was deeply resented by Hunter.
King himself stated in a letter f to Under Secretary King that
he had expressed himself " in a manner not strictly warrantable,
but as I was compelled to do it, to bring Gov'r Hunter to a deter-
mination about going, I hope it will be excused." The Duke of
Portland evidently considered that Hunter should be allowed a
reasonable time for his return, as his despatches, dated between
the 26th of February and the 29th of August, 1800, were
addressed to the Governor of New South Wales, and not to
Hunter or King by name, as was the usual custom; Portland
therefore was doubtful whether Hunter or King would be in com-
mand when these despatches should be delivered in the colony.
For similar reasons the Transport Commissioners addressed their
despatches of the 17th and 19th of September, 1800, to Governor
Hunter or the Governor for the time being. King was aware at
the time of his arrival that his position was temporary, for in a
despatch, J dated 28th September, 1800, he used the phrase " in
the event of the government of this territory being continued to
me." In a despatch § to the Secretaries of the Treasury, dated
7th July, 1800, he also considered it necessary to inform them that
Hunter had received his recall, and that he was to take charge
of the government, but there is no record available wherein he
communicated similar information to other departments ; this
appears to indicate that he considered that the Treasury at least
had not been informed by the Home Office of the change. From
these various facts it is reasonable to assume that Hunter's recall
was not the matter of urgency which King's conduct in the
settlement indicated.

* Set page 501. f See page 507. $ See page 663. § Seepage 524.

xviii INTRODUCTION.

After his arrival on the Speedy, King possessed " no other
instructions than the King's to Governor Hunter and the verbal
communications " he had with Under Secretary King,* and he
admitted that " it would have been more satisfactory to me to
have been provided with written documents for my guidance."
Notwithstanding these admissions, King issued long quotations f
from some imaginary instructions which were clearly composed
by himself. It is difficult to understand King's reason for doing
this, unless he was unwilling to bear the responsibility of his
reforms before the colonists, and desired to shield himself from
reproach behind imaginary royal instructions. At a later date,
Hunter stated that " he appeared, and not to me only, either
to have been in possession of some extraordinary secret or confi-
dential instructions (a circumstance which indeed he had not
hesitated to say was the case), or had himself some particular
objects in view which I cou'd not clearly comprehend." King's
actions in these particular cases are quite inexplicable and, to use
his own word, " unwarrantable."

The relations existing between King and Hunter during these
months were described % by Hunter. " In due time, subsequent
circumstances having given me cause to consider my consequence
affected and my authority invaded in a way which as Commander-
in-Chief I could not suffer to pass without notice (he had thrown
himself into the arms of that very party or faction whom he and
the whole colony knew had been uniformly opposing my best
exertions for the general good, and because my endeavours inter-
fer'd with their private dealings), I demanded an explanation
of this extraordinary paragraph § several different times, but he
constantly evaded informing me of its meaning or necessity. I
shall only observe, my Lord, that the natural moderation of my
temper, which in this instance has been not a little tried, and my
consideration for the service of His Majesty, situated as I found
myself, have in this particular case induc'd me to act with less
formality, strictness, or severity than I am of opinion the public
service wou'd have justified me in upon such an occasion. I take
the liberty of now appealing to your Grace's wisdom whether I
am not warranted in considering this an attempt to stamp upon

* See page 673. f See pages 513, 514, 515, 516, 543-
± In a letter to the Duke of Portland., dated 10th June, 1801.
§ Hunter referred to the second paragraph of King's despatch to Portland
(see page 501).

INTRODUCTION. xix

your Grace's mind an impression unfavorable to that promptitude
and obedience to the commands of His Majesty which it is my
indispensible duty to show, and has ever been my pride to prac-
tise. If this unaccountable step will bear the construction I see
but too much cause to apply, it is certainly a most wretched
attempt against an officer who has serv'd so long and so faithfully,
and whose character is so much better known in his professional
service than the man who has ventur'd to make it, and who but a
few years past serv'd as a subaltern officer under my command."

The whole of King's actions appear to have been actuated by a
selfish personal desire to obtain the government for himself at the
earliest possible moment, with little regard for the feelings of the
man who was recalled without being heard in defence.

Governor Hunter embarked on board H.M.S. Buffalo on the
28th of September, 1800, and arrived at Spithead on the 24th of
May following. He immediately asked for an inquiry into the
charges which had been made against his administration. Not-
withstanding repeated requests, no investigation was held, and, to
use Hunter's words,* " it was scarsely possible (consistent with
His Grace's usual attention) that an officer holding such situation
as I have held cou'd have experienced anything so extraordinary
in the common course of public service, or of public justice."
Hunter was obliged to retire upon his half pay as a captain in the
Navy " without even the shadow of proof to his dishonor," until
he was granted the pension of £300 per annum.

It is probable that the Secretary of State was doubtful as to the
accuracy of the information which he had received from New
South Wales, and as to the justice of Hunter's recall. He there-
fore was not desirous of publishing the facts by the holding of an
investigation.

After his return, Hunter's opinion was frequently sought with
regard to the condition and administration of the colony. He
showed a thorough knowledge and grip of the situation in New
South Wales by his advocacy of various reforms, such as the
revision and alteration of the legislative code, the changing of the
forms of the law courts, the appointment of a judge and council,
the introduction of trial by jury, the establishment of the bank-
ruptcy laws, and the development of the police system. All these
he suggested during the first twelve months after his return to

* In a letter to Lord Pelham, dated 14th August, 1801.

xx INTRODUCTION.

England. They indicate a thorough appreciation of the short-
comings of the colonial system of government. Each of these pro-
posed reforms became accomplished facts at later dates, but
Hunter appears to have been the first officially to suggest them.

It is apparent that John Hunter was an honest and straight-
forward servant of his King. His honesty of purpose and the
integrity of his conduct were recognised, and even his enemies
were unable to make a solitary charge against him of self-interest
or of favouritism to his friends. The intensity of his desire to
serve his country was the single purpose of his life, and in conse-
quence he was at times unable to realise and overcome the deep-
laid schemes of persons striving for individual interests only.
His judgment was sound, his conclusions rational, and his sug-
gested reforms far-sighted. He possessed a strong philosophic
temperament, and at times, perhaps on account of his age, his
administration lacked the vigour necessary to overcome the diffi-
culties in the new colony. Nevertheless, his recall was unjust and
the censure was undeserved. Hunter knew what was required,
and probably would have accomplished the reforms if he had
received uniform support from England, and censure for any
failures in his administration should rest on the Secretary of State.

August, 1914. FREDK. WATSON.

DESPATCHES.

Sek. I. Vol. II-

Historical Records

Australia.

SERIES I.

The Duke of Portland to Governor Hunter.
(Despatch per transport Lady Shore.*)

1797.

Sir, Whitehall, 31st January, 1797. 3i Jan.

I have laid before the King your letters, numbered 6 and
7, dated the 21st of December, 1795, and received the 16th inst.

It gives me particular satisfaction to find that the doubts about Prospects of
the cattle have been so satisfactorily cleared up, and that they the colon^-
are at length found in such a state of increase and security as
cannot fail, in addition to such further supplies as you yourself
will be able to procure, to give us a reasonable prospect of being
able to supply the settlement with fresh provisions in a short
space of time. The herd you have found also affords a very
satisfactory piece of information, in ascertaining that the climate
is favourable to the increase of the very species of horned cattle
Avhich you mean to procure from the Cape of Good Hope.

From the very early dates of your letters I observe that you
could not have received the several cargoes of provisions, clothing,
and other articles for the settlement which have been shipped in
1795 and 1796 in the vessels mentioned in the margin.f Altho'
the particulars of these cargoes accompanied the ships respec-
tively in which they were sent, I take this opportunity of inclos-
ing you a general list of all of them.

You will receive this letter by the Lady Shore, transport, The transport
$ master,§ which carries out sixty-six female and two Lady Shore-
male convicts, a list of which I inclose with the original contracts
entered into by % the owner§ of the Lady Shore, for

their safe delivery in Xew South Wales, together with his

* Note 1. f Note 2. J Blanks in Manuscript. § Note 3.
Ser. i. Vol. II— A

HISTORICAL RECORDS OF AUSTRALIA.

1797.
31 Jan.

Agricultural
implements.

Patent for
criminal court
at Norfolk
Island.

Manufacture
of cloth.

Conditional
leave for
Surgeon
Balmain.

Rev. R. Johnson
to be
reimbursed.

Majesty's Order-in-Council for the transportation to New South
Wales of such of the convicts whose sentences required such order.

In consequence of your representation of the necessity of a
further supply of tools for clearing and cultivating the ground,
and of iron and steel, the Lady Shore carries out the articles
mentioned in list No. 2; and I particularly wish to point your
attention to a careful and provident disposal of them for the
benefit of the Crown and the good of the settlement.

In cases where articles of husbandry are wanted by settlers
cultivating lands on their own account, and in a situation to
render an equivalent for them, either in the produce of their
farms or in bestowing a certain portion of their labour on the
lands cultivated for the CrOwn, such an equivalent in grain or
labour, it is conceived, may be reasonably required of them.

The Patent authorizing the establishment of a Criminal Court
of Judicature in Norfolk Island was sent out in the Marquis
Cornwallis, which sailed from Cork on the 7th August, 1795, and
therefore could not be reasonably expected to have reached Port
Jackson the 21st Deer, following, which is the date of your last
letters. I herewith transmit you a copy of it, attested by the
Clerk of the Crown.

It is almost unnecessary for me to request your attention to the
weaving of coarse cloth. From the samples which have been sent
here, especially those from Norfolk Island, it is evident that a
considerable progress may soon be made in the manufacture of this
article, and you will have received by the Indispensable, transport,
an assortment of articles proper for weaving coarse cloth.

I take this opportunity of answering both your letters, sepa-
rate, relative to Mr. Balmain and to the Rev. Mr. Johnson.*

With respect to the leave of absence requested by Mr. Balmain,
who will have received the appointment of Chief Surgeon, in the
room of Mr. White, it must entirely depend on the degree of
medical assistance required in the settlement, of which you, and
you only, can be a competent judge. If, in your opinion, the
assistant surgeons who have been sent from hence are sufficient
to do the medical duties of the settlement during the temporary"
absence of Mr. Balmain, you are hereby authorized to comply
with his request; but it should previously be clearly and dis-
tinctly understood between you and Mr. B. that he is expected
to return within such reasonable time as you shall be of opinion
is necessary for the public service.

If you are satisfied with Mr. Johnson's account of the expences
he has incurred in the erection of a temporary place of worship
is correct, I see no objection to your disbursing him the amount
by a bill on the Lords Commissioners of the Treasury.

Note

PORTLAND TO HUNTER. ;

I am sorry to hear of the indisposition of Lieutenant-Governor 1797.
King. I trust it may be but temporary, as I have every reason 31 Jan-
to be satisfied with his conduct.

Mr. Crofton, an ensign in the New South Wales Corps, takes
his passage in the vessel which carries out this dispatch.

Portland.

[Enclosure No. l.j

George the Third by the Grace Charter for
Charter* of God, &c. To all to whom £S£3ii^rt

for a Court of Criminal these Presents shall come Islaml-

Judicature at Norfolk Island. Greeting Whereas it is neces-
sary that a Court of Criminal
Judicature should be established in Norfolk Island being one of
the Islands adjacent to the Coast of New South Wales and part
of Our Colony or new Settlement of New South Wales and the
parts adjacent with Authority to proceed in a more Summary
way than is used within this Realm according to the known and
established Laws thereof. And whereas by an Act passed in the
present Session of Parliament for the reasons therein mentioned
It is enacted That His Majesty may by His Commission under
the Great Seal authorize the Lieutenant Governor or person for
the time being administering the Government of His Majesty's
Settlement in Norfolk Island to convene from time to time as
occasion may offer a Court of Judicature for the Trial and
Punishment of all such Outrages and Misbehaviours as if com-
mitted within this Realm would be deemed and taken according
to the Laws of this Realm to be Treason or Misprision thereof
Felony or Misdemeanors which Court shall consist of the Judge
Advocate to be appointed in and for His Majesty's Settlement
in Norfolk Island together with four Officers of his Majesty's
Forces by Sea or Land and shall proceed to try all Persons who
shall offend in any of the Premises by calling such Offenders
respectively before them by causing the charge against him her
or them respectively to be read over which charge shall always
be reduced into Writing and shall be exhibited to the said Court
by the Judge Advocate and by examining Witnesses upon Oath
to be administered by such Court as well for as against such
Offenders respectively and afterwards adjudging by the Opinion
of the Major part of the Persons composing such Court that the
Party accused is or is not as the Case shall appear to them guilty
of the Charge and by pronouncing judgment therein as upon a
Conviction by Verdict of Death if the Offence be Capital or if
such Corporal punishment not extending to Capital Punishment
as to the said Court shall seem meet And that the Provost

* Note 5.

HISTORICAL RECORDS OF AUSTRALIA.

1797.
31 Jan.

Charter for
criminal court
at Norfolk
Island.

Marshall or other Officer to be for that purpose appointed by such
Lieutenant Governor or person for the time being administering
the Government of His Majesty's Settlement in Norfolk Island
as aforesaid shall cause due execution of such Judgment to be
had and made under and according to the Warrant of such
Lieutenant Governor or Person for the time being administering
the Government of His Majesty's Settlement in Norfolk Island
as aforesaid under his Hand and Seal and not otherwise Provided
always that execution shall not be had or done on any Capital
Convict or Convicts unless four Persons present in such Court
shall concur in adjudging him her or them so accused and tried
as aforesaid to be respectively guilty until the proceedings shall
have been transmitted to His Majesty and by Him approved.
And that the said Court shall be a Court of Record and shall
have all such Powers as by the Laws of England are incident and
belonging to a Court of Record. Now know ye that wee
upon full consideration of the Premises and of Our especial
Grace certain Knowledge and meer Motion Have thought fit to
Grant Direct Ordain and Appoint. And by these presents Wee
do accordingly for Us Our Heirs and Successors Grant Direct
Ordain and Appoint that there shall be within the Island afore-
said a Court which shall be called the Court of Criminal Judi-
cature And Wee do hereby Grant Direct and Constitute the
said Court of Criminal Jurisdiction to be a Court of Record and
that our said Court of Criminal Jurisdiction shall have all such
Powers as are incident to a Court of Record by the Laws of that
part of Our Kingdom of Great Britain called England And We
further Will Ordain and Appoint that the said Court of Criminal
Jurisdiction shall consist of Our Judge Advocate for the time
being together with such four Officers of Our Sea and Land
Service as Our Lieutenant Governor or Persons administering
the Government of Our said Island for the time being shall by
precept issued under his Hand and Seal convene from time to
time as occasion may require for that purpose And Wee do by
the Presents for us Our Heirs and Successors authorize the
Lieutenant Governor or person for the time being administering
the Government of Our said Settlement in Norfolk Island by
precept issued under his Hand and Seal to convene from time to
time as occasion may require such Court of Judicature as afore-
said And Wee do further Will Ordain and Appoint that the said
Court shall have Power to enquire of hear determine and punish
all Treasons or Misprision thereof Murders Felonies Forgeries
Perjuries Trespasses and other Crimes whatsoever committed or
to be committed in the place or Island aforesaid such punishment
so to be inflicted being according to the Laws of that part of Our

PORTLAND TO HUNTER. {

Kingdom of Great Britain called England as nearly as may be 1797.

considering and allowing for the Circumstances and situation 31 Ja"'
of the Island aforesaid and the Inhabitants thereof And it is charter for
Our further Will and Pleasure that Our said Court of Criminal at Norfolk
Jurisdiction shall proceed to try all Offenders by calling them Island-
respectively before such Court and causing the Charge or Charges
against him her or them respectively when reduced into Writing
and exhibited by Our Judge Advocate to be read over to such
Offender or Offenders respectively and by examining Witnesses
upon Oath to be administered by the said Court of Criminal
Jurisdiction as well for as against such Offenders respectively
and that the said Court shall adjudge by the opinion of the major
part of the persons composing the same as aforesaid that the
party accused is guilty or not guilty of the charge so exhibited
as aforesaid and if adjudged guilty that the Court shall proceed
to pronounce Judgment of Death if the Offence be Capital in
like manner as if the Prisoner had been found guilty by Verdict
of a Jury in that part of Our Kingdom of Great Britain called
England or to pronounce Judgment of such Corporal Punish-
ment not extending to Capital Punishment as to the said Court
or the major part of the persons composing the same shall seem
meet and in Cases not Capital by the Laws aforesaid to pro-
nounce Judgment of such Corporal Punishment not extending
to Life or Limb as to the said Court or the major part of the
persons composing the same shall seem meet And it is Our
further Will and Pleasure and Wee do hereby Ordain Direct
and Appoint that Our Provost Marshall or such other Officer
as shall be appointed for that purpose by Our Lieutenant
Governor or Person administering the Government of Our said
Island for the time being shall cause due execution to be had
and made of such Judgments as aforesaid according to the
Warrant of Our Lieutenant Governor of Our said Island for the
time being under their Hands and Seals respectively and not
otherwise And Wee do hereby Ordain and Direct that execution
of any Judgment of Death shall not be had or done on any
Offender or Offenders unless four persons present sitting in
Judgment in Our said Court of Criminal Jurisdiction shall con-
cur in adjudging such Offender or Offenders so accused and
tried as aforesaid to be respectively guilty until the proceedings
in the Trial of such Offender or Offenders shall have been trans-
mitted to Us Our Heirs or Successors and Our or Their pleasure
shall have been signified thereupon and that execution be not
done in any Capital Case whatever without the consent of Our
said Lieutenant Governor or person administering the Govern-
ment of Our said Island for the time being and in Case execution

6 HISTORICAL RECORDS OF AUSTRALIA.

1797. shall be suspended that the said Lieutenant Governor or person
31 Jan- administering the Government of Our said Island for the time
Charter for being shall apply to us Our Heirs and Successors for Our or
at^orfolk U Their direction therein And Our further Will and Pleasure is
island. t]lat a|] an(j every the Members of Our said Court of Criminal

Jurisdiction shall before they proceed to sit in Judgment
respectively make Oath to make true deliverance between Us
Our Heirs and Successors and the several Prisoners who shall by
them be tried and to give a true Judgment according to the
evidence And Wee do hereby give full Power and Authority to
Our Judge Advocate for the time being to administer such Oaths
to the respective Members of Our said several Courts And
further know ye that wee for the preserving the peace
of Our said Island of Our especial Grace certain Knowledge
and meer Motion Have granted ordained directed and appointed
And by these Presents do grant ordain direct and appoint that
Our present and all future Lieutenant Governors of Our said
Island for the time being and Our Judge Advocate thereof for the
time being shall be Justices of the Peace within the said Island
and that all and every such Justice and Justices of the Peace
shall have the same Power to keep the peace Arrest take Bail
bind to good behaviour suppress and punish Riots and to do all
other Matters and things with respect to the Inhabitants or
Persons residing or being in the Island aforesaid as Justices of
the Peace have within that part of Great Britain called England
within their respective Jurisdictions And these Our Letters
Patent or the Inrollment or Exemplification thereof shall be as
well unto the said Court as all and every Person and Persons
whomsoever a sufficient warrant and discharge from time to
time for all and whatever they shall do or execute in pursuance
of Our Royal Will and Pleasure hereinbefore declared Wee Will
also that Our Commission by Our Letters Patent bearing date the
second day of April in the twenty seventh year of Our Reign
whereby Wee did amongst other things grant direct ordain and
appoint that there should be a Court of Criminal Jurisdiction in
pursuance of an Act of Parliament passed in the twenty seventh
Year of Our Reign Intituled (An Act to enable His Majesty to
establish a Court of Criminal Jurisdiction on the Eastern Coast
of New South Wales and the parts adjacent) and every thing in
such Letters Patent contained do remain in their full force and
effect these Our Letters Patent notwithstanding save only and
except that from and after notification of these Our Letters
Patent to Our Governor or Person for the time being adminis-
tering the Government of Our Settlement in New South Wales
aforesaid the Court of Criminal Jurisdiction created by Our said

PORTLAND TO HUNTER.

Letters Patent bearing- date the said second day of April in the 1797.

twenty seventh Year of Our Reign shall not proceed to try any 31 Jan-
Offence committed in Norfolk Island aforesaid with respect to charter for
which no Proceedings shall have been then had in the said at Norfolk
Court But all the Powers and Authorities by Our said Letters Island-
Patent given to such Court shall with respect to all Matters
within the Jurisdiction of the Court created by these Our Letters
Patent and not then in any manner depending in the said Court
created by Our said former Letters Patent cease and determine
And lastly Our will and pleasure is and Wee do hereby
declare that this Our Charter shall be and remain in force only
and until Wee shall be pleased to revoke and determine the same
ix witness &c. the fifth day of June in the thirty fifth Year
of Our Reign. By Writ of Privy Seal.

[Enclosure No. 2.]

Under Secretary King to The Transit Commissioners.

Gentlemen, Whitehall, 1st February, 1797.

I am directed by the Duke of Portland to desire that you Agricultural
will provide and ship on board the Lady Shore, transport, about implements,
to sail to New South Wales, the undermentioned articles, to be
consigned to Governor Hunter, for the use of his Majesty's settle-
ment. His Grace will communicate the contents of this letter to
the Lords of the Treasury. I am, &c,

J. King.

List.

oOO sickles, plain, without teeth.

„ scythe blades.

„ axes' heads, fit for clearing ground.

„ pickaxes' heads, for

,, spades, for digging, without handles.
2 tons of rod iron (for nails), and bar iron of different sizes.
i ton of plate iron.

„ of steel. J.K.

[Enclosures Nos. 3 and 4.1

[Copies of these papers have not yet been found.']

The Duke of Portland to Governor Hunter.
(Despatch marked " Secret," per transport Lady Shore.*)
Sir, Downing-street, 22nd February, 1797. 22 Feb.

By the within communication to me from his Royal Additional
Highness the Duke of York, you will see that it is his Majesty's th™S?s.w.
commands that the New South Wales Regiment should be forth- CorPs-
with augmented to ten companies of eighty-five rank and file each
You will therefore immediately communicate with Major Pater-
son on this subject, and concert with him the best means of

* Note 1

H1ST0EICAL EECORDS OF AUSTRALIA.

1797. carrying his Majesty's commands into effect with all possible

22 Feb' expedition. In order to facilitate the speedy completion of the

Convict recruits regiment to the above establishment, you will, in addition to suck

individuals as shall be willing to inlist, and who are not other-

emancipated.

Companies
for active
service.

2 Mar.

Naval and

ordnance

stores.

wise employed or engaged in the public service of the settlement,
emancipate such convicts as are ready to inlist, and whose good
conduct since their arrival shall best intitle them to such an
indulgence. Four companies of the regiment, to be augmented to
the above establishment of eighty-five per company, are to hold
themselves in readiness for actual service* under the command of
Major Paterson, who will receive the necessary directions for
that purpose, on the arrival at the settlement of a naval force,
which will have orders to receive Major Paterson and the detach-
ment on board.

Seventy recruits and three subaltern officers will arrive in the
Lady Shore.

As it is probable that flour or wheat may be wanted on this
occasion towards supplying the armament which will arrive at the
settlement, you will not fail to furnish them with such quantities
as can be spared without causing a scarcity of those articles, or
rendering it necessary to send any more flour from hence to the
settlement, which must be particularly guarded against.

Ten companies at 85 It. and F. per company ... ... 850

A detachment of 4 companies of 85 per company, to hold
themselves in readiness under Major Paterson ... 340

Will remain in the settlement ... ... ... ... 510

Portland.
[Enclosure.]
[A copy of the Dulce of York's letter has not yet been found.']

The Duke of Portland to Governor Hunter.
(Despatch per transport Lady Shore,f duplicate without enclosures,
per transport Barwell ; acknowledged by Governor Hunter,
25th September, 179S.)

Sir, Whitehall, 2nd March, 1797.

Since I wrote my last letter to you of the 31st January
last, I have received and laid before the King yours of the
3rd of March, 1796.

It gives me great pleasure to find that your harvest has been
so abundant, and I should hope that until sufficient storehouses
are built to receive the grain it may, as is the case in this
country, be kept in stacks, so as to prevent any material loss.

The Lady Shore carries out all such articles as you have asked
for in your letter now before me, namely, tools and naval stores,
conformably to the within list, with an hundred stand of arms for
the use of such of the inhabitants as you shall judge proper to

* Note 6.

t Note 1.

HUNTER TO KING. 9

be entrusted with them. I am very sorry to observe that your 1797.

application for these arms is made upon account of the disorders 2 Mar*
and depredations which have been committed by a gang or two of
banditti, who have lately formed themselves in the settlement,
and have frequently joined the natives in plundering the defence-
less settlers. I cannot too forcibly impress upon you the necessity Suppression
of your immediately employing the most vigorous means for sup- ° an lm
pressing those gangs, and bringing the persons who shall be found
guilty of these robberies to speedy and examplary punishment.

You must be particularly sensible, from the nature and cir-
cumstances of your government, that nothing can endanger it so
much as an idea of its being possible that such a banditti can
exist in it with impunity, or that punishment does not tread upon
the heels of every offence.

You have acted with great propriety in ordering the demolition Approval of
of stills for distilling spirits, the use of which must be pernicious actl0n re stllls-
in the extreme, and should be prohibited throughout your govern-
ment ; and no attention or pains should be spared to prevent and
guard against the consumption of an article no less destructive of
the minds than of the health of the inhabitants.

I have transmitted to the Lord Lieutenant of Ireland that part Transportation
of your letter which relates to the careless manner in which the convicts,
lists of the convicts have been sent from thence; and I have
given directions that an account of all the convicts who have
been or shall be sent from that kingdom shall be regularly made
out, together with the terms of their transportation and the
assignment of their services.

I enclose you the copy of the Advocate-General's opinion
relative to the difficulties you conceive to exist in convening a
Vice-Admiralty Court.* If I find by the enquiry which I have
directed to be made that Col. Ross has not left any person as his
surrogate in the settlement, I will apply to the Lords of the
Admiralty to grant a Commission of Judge of the Vice-Admi-
ralty to such person resident in the settlement as you shall point
out to me. Portland.

[Enclosure.]

[Copies of the counsel's opinion and list of stores per the Lady
Shore have not yet been founds

Governor Hunter to Lender Secretary King.

(Per store-ship Britannia, via Canton.)

Dear Sir, Sydney, New South Wales, 1st June,f 1797. 1 June.

My public letters to the Duke of Portland passing thro'

your hands will very fully inform you of all the circumstances

which I have judg'd it necessary his Grace shou'd be made

* Note 7. f Note 8.

10

HISTOKICAL RECORDS OF AUSTRALIA.

1797.
3 June.

Hunter's
difficulties.

Expenditure
on the colony.

The abolition
of public
farming by
Grose.

Hunter's

first impressions

incorrect.

acquainted with relative to the concerns of this colony. I have
complain'd of the innumerable difficultys which have somehow
or other been plac'd in the way of my endeavours to fulfil his
Majesty's commands, and altho' I have not said near so much on
those unpleasant subjects as the magnitude of my embarrass-
ments wou'd have warranted, yet I trust his Grace will observe
that there has been great cause to be dissatisfied with the dis-
coverys I have made, and place them to that account only to
which they properly belong, for the whole of my time has been
occupied in struggling to surmount them for the present, and in
suggesting means for removing them finally in due time from the
colony.

When you come to examine the expences of this settlement
since its numbers became considerable, or since 1792, you will
say it has not answer'd the expectation of Government. But, sir,
I feel no difficulty in declaring it to be my opinion that such
disappointment has not proceeded from the nature of the country,
but from other causes. There has not been any land cleared on
the public account since the above period; the people had been
otherwise dispos'd of, and the best lands now in cultivation is
the property of individuals. I have already said what were the
advantages deriv'd to the colony by the aid afforded from the
public servants to officers upon their farms — the labourers were
better looked after, and the live stock was preserv'd. But there
were at the same time considerable numbers of convicts dispers'd
about in various ways, so as to have been completely lost to the
public. Had those who had been so improperly dispos'd of been
employ'd on Government's land already clear'd, and in clearing
more for the benefit of the public, I do not hesitate to say there
would not now have been the occasion to purchase so much grain
as we find at this time unavoidable; but had that been the case,
it wou'd have ruin'd the expectation of officers and settlers, whose
interest appears to have been more consider'd.

When I arrived in the country I saw only the fair side of
everything, and wrote from what I saw; but after I had been
long enough to look round me and to give some occasional orders,
it had been observ'd by some, who might not probably have been
pleas'd with the discovery, that the public interest and a strict
attention to my instructions were my principal objects. Tt was
also observed that I had no intention to employ the servants of
Government in clearing and laying out a valuable farm for my
own advantage and emolument, a circumstance which was once
recommended to me, and which I might in due time have dispos'd
of for my own benefit. It was consequently thought improper
that I shou'd receive any more information relative to the colony

HUNTER TO KING. 11

than I might be able to collect from my own observation; this 1797.

none cou'd prevent, and this I have been oblig'd to depend upon
and to act from. To account for the want of that information
which wou'd have enabled me to act with the more certainty, it is
only necessary to say that the interest of Government and that of
many of its officers here were in direct opposition to each other,
and my not chusing to follow the prevailing practice was enough
to create jealousy.

By the steps which I have lately taken, and which when I ^J^n^to*
can receive sufficient strength I mean to pursue, if no change be commenced.
takes place in my instructions, I trust I shall soon have as much
ground in cultivation on Government account as will prevent the
necessity of purchasing to such an extent from individuals grain
of any kind.

Had the numbers which I have found had been so long scat-
ter'd about the country, and employ'd by private persons, been
luckily kept together and employ'd in raising the buildings for
public use so much wanted at this time, much expence would
have been sav'd to Government; but as you will see by some of
the official letters how far this important consideration has been
delay'd, I need not say more upon it here.

You will admit, my dear sir, that I might, with ease to myself, Reports on
if I thought it right, represent the fair side only of what 1 have b^candid.
to mention, and leave his Majesty's minister in the dark respect-
ing many matters highly proper for his information, and to the
enabling him with the more ease and certainty to give necessary
instructions to the Governor for the benefit of the colony; but I
have thought it an indispensible part of my duty to be clear and
candid in what I represent. I have done so without exaggeration
and without any wish to censure the manners of others, but
determin'd, as far as integrity and truth will go, to defend my
own endeavours against all bombastical speculative opinions, of
which some disappointed person* has taken the liberty of sending Opinion of
one, I understand, to the Duke of Portland, and of which you will aea ur*
observe I have taken public notice. There is not a person in this
colony whose opinions I hold in greater contempt than I do this
busybody's, because I have ever observed that under the most
specious and plausible of them there has always been cover'd a
self-interested motive. No man can possibly defend him in this
instance, because it was his duty to have laid his opinions, if for
the good of this colony, before me; but it is clear that he was
unwilling my observations upon them should at the same time be
laid before his Maj's minister, lest they shou'd appear, thro'
them, of less weight. I know not what they are, but I will ven-
ture to say that his conduct on this occasion is such as to merit

* Note 9.

12

HISTORICAL EECOEDS OF AUSTRALIA.

1797.
1 June.

The traffic
in spirits.

Ill-health
of Hunter.

Abolition
of Phillip's
system of
government
by Grose.

the most mark'd reproof, for it is an attempt to undervalue the
authority of the Governor, an authority which I trust his
Majesty's minister will not suffer to be diminished to gratify any
man in this country who may be engaged in the ruinous traffic-
so much complained of in my public letters, and which I am
doing all I can to get the better of.

The introduction of this destructive trade, which took place
since the departure of Gov'r Phillip, has done immense mischief,
and, by the ruin of many of the oldest settlers, has retarded the
progress of industry amongst that class of people, who were
before sober and labour'd hard; but spirituous liquors, which has
been a principal article of trade, has completed the ruin of many
who might have been perfectly independent. This spirit for
trade, which I must ever consider in the manner it is carried on
here to be highly disgraceful to men who hold in their hand a
Commission signed by his Majesty, has been carried so far that
it has now reached all the inferior appointments, so that it has
absorb'd all their time and attention, and the public duty of their
respective offices are entirely neglected, to the no small injury of
his Majesty's service; but although I may lose popularity
amongst the traders, their recommendation, be assur'd, I am not
covetous of. I have resolv'd to correct, as far as I can, many
such abuses. I have not assistance sufficient; it is too much for
any one man to manage in our extended state, and with our aban-
don'd and profligate manners and conduct to see and direct every
little department.

The last summer having been excessively sultry and dry, my
anxiety induced me to attempt travelling more than my strength
was equal to, and I have but lately recover'd from a dangerous
fever, which, having fallen into my left leg, was probably the
means of saving my life, but has made me a cripple for some
little time to come.

Had the original regulations of Gov'r Phillip, as they stood
when I left the colony in 1791, remain'd, with such alterations or
amendments as the various existing circumstances might have
render'd necessary, I should have known at once what I had to
do; but to find upon my arrival in 1795 that the whole had been
abolish'd as soon as he departed, I own surprized me. There
surely were some good rules amongst those he had established;
and I can venture to say from my own knowledge that there was
order and discipline in the colony then, and not near so many
robberys. But by this rather too sudden and indelicate abolition
of those regulations, which certainly had the appearance of a
reflection on the conduct and measures of that gentleman, we
wou'd suppose there had not been one fit to be continued.

HUNTER TO KING. 13

The whole concerns of the colony, if I have been rightly in- 1797.

formed, were taken into the hands of the military.* Appearances
when I arrived indicated this to be the case; but as soon as I
had time, not approving of this system, and considering it as
not agreable to the intention of his Majesty, and contrary to the
design of Parliament, I did not hesitate to alter it, and to rein- Restoration
state the civil magistrate. But even this, and any other altera- ° C1V1 power-
tions which I conceiv'd necessary to make, I neither did in so
sudden or so indelicate a manner as to reflect upon those who
might have thought proper to establish that which I now alter'd.
This determination or measure we cou'd soon perceive was ill-
relish'd by several, and they began to show a disposition to annoy
the civil power by every indirect means they cou'd contrive. They
have, however, failed in their endeavours, and I trust the civil
power is now as firmly establish'd here as in any part of his
Majesty's dominions.

I will not fatigue you with an account of what steps I am
pursuing for bringing back this turbulent and refractory colony
to a proper obedience to the laws and regulations establish'd for
the general welfare. You will see what I have thought it right
to say in my public letters. I will, however, mention a circum-
stance which has just happen'd, and which may serve to show
how great a number of trusty people are necessary for looking
after the worthless villains we have here to manage. Our wind- Villainy
mill, which has been finished and is now at work, was the other ramPant-
day employ'd grinding some wheat for people who had some time
past been oblig'd to pay almost one-half their grain to have the
other ground. Whilst the miller was absent, and left these very
people for whom the mill was then at work in care of it, during
his absence they were clever enough to steal away some of the
sails from the vanes or fans, and we have not been yet able to
discover the thief. The mill, for want of its sails, was conse-
quently stop'd.

Since I began this letter I received by the arrival of the
Ganges your private letter enclosing two copies,t for which accept
my thanks. I have also received the official opinions of the
Lord Advocate and Lord Justice-Cl'k upon the sentences of our
seditionists, whose number you will learn before you receive this
have been reduced.

I will send you some fresh seeds of our flowering shrubs by the Native plants
first opportunity, and I am concerned to say that, by the manner England* t0
in which all the ships are chartered which come to this country,
we can have no prospect of getting the warata plant home,
because those ships have a circuitous voyage to perform, and to
load and unload a cargo, exclusive of the length of time the

* Note 10. t Note 11.

14

HISTORICAL RECORDS OF AUSTRALIA.

1 June.

Anonymous
slander.

Presents

from

Hunter.

plants must continue on board. I have long wanted to send some
for the King's gardens, but the want of favourable opportunitys
have constantly prevented me. Whenever a fair one may offer I
will not forget that you want some. Whatever other commands
you may have I have to desire that you will give them without
ceremony, as I shall be at all times ready, as far as in my power,
to attend to them; if I cannot, I will, without ceremony, say so.

An anonimous paper having lately been dropt in the streets,
in which its author is endeavouring to lug my name into that
vortex of dirty traffic which I have been labouring to put a stop
to; this you will perceive by a Public Notice* and reward 1 have
offer'd for the discovery of the author or adviser (21st June),f but
I have not succeeded. The reward is such that had it been wholly
amongst the lower classes it would have had effect. I feel myself
so invulnerable from such attacks that, altho' they make me
angry, I most heartily dispise them, but will not fail to search
after its author as long as I remain here.

I will no longer fatigue you, but as you will see our Judge-
Advocate, our Commissary, and Lt.-Gov'r King, I must refer you
to them for much information relative to this country and its
inhabitants. I am, &c,

Jno. Hunter.

P.S. — I hope you may have receiv'd safe a cage of birds I sent
you by the Britannia, Capt. Raven. There will be a box address'd
to you, on service, which contains a small chart, which I will
thank you to forward to Mr. Dempster. Having been able to
collect a few seeds for you, I send by the ship Britannia (Mr.
Dennet, master) a small box address'd to you, upon service; it
contains about thirty-five different kinds, together with specimens
of the plants dried, which are mark'd with numbers corresponding
to those on the parcels of seeds. I hope they may arrive safe, and
turn out worthy your acceptance.

Governor Hunter to The Duke of Portland.

(Despatch No. 25, per store-ship Britannia, via Canton; acknow-
ledged by the Duke of Portland, 18th September, 179S.)

io June. My Lord, Sydney, New South Wales, 10th June, 1797.

By the ship Prince of Wales, which left this port on her
way to China, 24th November last, I did myself the honor of
writing your Grace some account of the steps I was pursuing for
removing many obstacles which I had observed with pain stood
much in the way of the public concerns of this colony. I also, in
a letter mark'd separate,:}: by the same conveyance, enter'd more

Note 12

f Note

t Note 13.

HUNTER TO PORTLAND. 15

particularly into the changes which had taken place in the settle- 1797.

ment since it had been left by Governor Phillip. Duplicates of ' une'

those letters were sent by the Sylph, storeship.

Altho' upon the subject of those changes I could have very Method
much enlarg'd, I considered that in the very extensive line of Reports.
your Grace's present avocations to be minutely circumstantial on
such matters might not have been convenient, and would readily
be dispensed with. I should not have ventured to touch upon
them at all did I not feel them of some consequence in accounting
for the various alterations which an anxious attention to the
concerns and for the prosperity of this territory had rendered it
necessary for me to make. In that separate letter I have given
your Grace a short sketch of the different changes and some of
the customs which had taken place in the above period, and of
which I saw it absolutely necessary as early as possible to get the
better, because such customs were, in my opinion, in direct
opposition to the public interest, and served only to favor the
designs and interests of individuals.

When I received the honor of his Majesty's Commission as
Governor and Commander-in-Chief in this country, I considered
it my indispensible duty to give to his Majesty's minister from
time to time, to the best of my ability, the most clear, distinct,
and perfect information relative to the concerns of my command.
In funlling this part of my public duty, which has hitherto been,
and will continue to be, with a conscientious zeal for the service
and interests of the public, I am sometimes under the painful
necessity of drawing your Grace's attention to a number of dis-
agreeable circumstances from which I have received much annoy-
ance and embarrassment since I entered on the dutys of my office,
and which had been gradually increasing for some time before
my arrival, and from various causes had reached a state which
required an immediate remedy.

Your Grace, I trust, will see that I can have no wish or inten-
tion to censure the measures of others. Every officer may have a
manner peculiar to himself in carrying on that public service
entrusted to his care and direction ; but as the various steps which Alterations in
I have seen it necessary to pursue imply that I have not approv'd administration
of the last general system for managing the concerns of this
colony, and from which I have found so much to surmount before
I cou'd venture to lay down any permanent plan for my own
endeavours, I feel it encumbent 011 me to state from time to time
the alterations which appear'd to me essentially necessary, and to
give my reasons for such necessity. This, my Lord, is a duty

16

HISTOEICAL EECOEDS OF AUSTEALIA.

1797.
10 June.

Difficulties
•encountered.

Reasons for
reforms.

Reforms
effected.

I owe to his Majesty's service, to your Grace, under whose imme-
diate directions I am plac'd, and to my own situation and
character.

Whenever I have an opportunity of laying before your Grace
an account of any material changes which have appear'd to me
necessary to be made, I trust the reasons I shall give will be
such as to justify the measure I have pursued, or may propose,
and that such steps as I have already taken will not appear
unnecessary. It is my wish, therefore, where I may differ from
others, to explain as clearly as I can my motives for such differ-
ence, and to prevent any error or mistake of another, shou'd any
such appear, from being placed to my account, who have been
involv'd from various causes in a scene of continual difficulty
since my arrival, and these vexations proceeding from the im-
pediments which I have found in the way of correcting and
removing abuses, which were I to be indifferent about I shou'd
expect, as I shou'd merit, your Grace's censure; it is from those
various circumstances of which I have complained in my various
letters, particularly the separate one already mention'd, that the
vast expences of the colony have originated. The farther I
investigate, the greater I perceive is the necessity of a thorough,
an immediate, and a general correction, without which our errors
and our crimes wou'd be such as wou'd proclaim us a disgrace to
the country under whose protection we live, consider'd either in
a moral or political point of view, and a continual load upon her
shoulders.

Our principal numbers being composed of characters of such a
description as renders uniform order and regularity in all we do-
indispensible, it has been to establish that uniformity, to compel
an obedience to Public Orders, to encourage to industry, to pro-
mote decency, to stimulate to good actions, and to deter from the
practice of bad ones, that my endeavours have been much directed
and exerted for some time past; and I have the satisfaction
to say, not wholly without effect, it being now the unreserv'd
opinion of all ranks (except those whose private interest it may
be to wish for a continuance of confusion and profligacy), that,
from the regulations I have had the good fortune to establish,
our police is now such that we have no disturbances or cries of
alarm in the night, the time generally chosen for the perpetration
of every wicked and villainous action; the people are in no fear
of having their houses rob'd or plunder'd, and their lives endan-
ger'd, as I found was so very often the case after my arrival ; that
a proper respect is paid to the Sabbath day,* which it had been
long the custom here to neglect and dispise, and from which
neglect much of our profligacy have originated ; and that there is

* Note 14.

HUNTER TO PORTLAND. 17

some appearance of more alacrity on public duty. These princi- 1797.

pal points being once accomplish'd and establish'd, I have no fear 10 June,
or doubt in bringing about all the other dutys which his Majesty's
instructions to the Governor point out for my attention.

It will now be necessary that I shou'd, in as brief a manner as
possible, mention a few steps which have been taken lately, and
the effect they have produc'd.

I have mentioned in former letters the musters I was about to irregularities
have made, and I flatter'd myself that the manner I meant to musters.
pursue in making them wou'd be attended with advantage, having
already discover'd some of the impositions to which former
musters have been liable. It had generally been the custom to
advertise that a muster was to take place at Sydney on a certain
■day, and in three or four days after at Parramatta, and after an
interval of a few days more at the Hawkesbury. This mode gave
good time for imposters and other villains to practise their tricks
and ingenuity by answering the first call at Sydney, where they
have receiv'd provisions and slops as one resident in that district;
on the day of call at Parramatta they have appear'd there, have
been enter'd on the muster list of that place, and have been again
victual'd and sometimes cloathed; the attempt has sometimes
been made (and not always unsuccessfully) at the third muster.
All this originated in the want of regularity and order in the
disposal of the people, each going without restraint wherever it
was most agreeable to his wishes. By this means they have been
so scatter'd over the colony that they were completely lost to the
public; the consequent expence to Government through these
impositions, exclusive of the loss of labour, is really, my Lord,
beyond my calculation.

To prevent such tricks, I directed that the musters might be A new system
made at all the three districts on the same day and hour, a cir- in ro uce '
cumstance which it had been believ'd cou'd not conveniently take
place; it, however, was put in practice, the whole attended at
once, and was the most perfect and complete ever made here.
Proper persons were appointed to superintend those at Parra-
matta and the Hawkesbury, whilst I attended myself at Sydney.
But in order that this enquiry might be the more complete, I
made a second call of the settlers, at which I chose to be present
myself, and questioned them relative to the time they had been
settled, the indulgences receiv'd from Gov't, the labouring ser-
vants they employ'd, on or off the public store, the quantity of
ground in cultivation, &c, &c. By these enquirys I found that informalities
there were 150 settlers without any grant of land, or any dlscovered-
authority whatever, but such as I mentioned in my separate
letter of the 12th Nov'r last, viz., " A.B. has my permission to

Ser. 1. vol ii— B

18

HISTOEICAL EECORDS OF AUSTRALIA.

1797.
10 June.

Want of

public

labourer;

Opposition
to public
labour.

Uncertainty
in land
tenures.

Want of a
local market.

settle," and sign'd by the commanding officer. Many who were
here for life settled without any conditional emancipation or
deed, and some who had several years to serve the public had
been permitted to call themselves settlers. Such of those as were
good and industrious characters, I was unwilling to recall to
public work, after having laboured hard to establish themselves
on a farm ; others of less worth our necessitys oblig'd me to order
in and to work for the public. Thus you will discover, my Lord,
how impossible it was for me to do anything on Government
account for want of public servants. By these means, however,
and the recall of men from many settlers who have been allow'd
to retain them too long and to little purpose, by many who have
been shelter'd from public knowledge, and employ'd by private
individuals, we have got together a gang of about 250 men who
are now on public labour of various kinds, and by whose assist-
ance we make some progress in forwarding what has been long
wanted.

The recall of such a number to public labour, and the conse-
quent loss of that labour to private persons, your Grace will
readily suppose may have occasioned some ferment — those who
have lost them are displeas'd; the men are turbulent and refrac-
tory, and do frequently desert from their work. There is much
reason to believe that their present conduct is much instigated
by those who feel their concerns affected by such regulations, regu-
lations which a few interested persons will no doubt condemn in
proportion to the effect they may have had on their concerns.
Such opinions, however, I shall continue to hold in the contempt
they deserve; let the public concerns speak for themselves; let
them be examin'd since I have attempted to improve them by
these regulations. The inclos'd paper will shew your Grace what
has been done with the men I have recover'd to the public since
October last.

It will cost me some time and much labor to fix those settlers
who have been left for so long a time in the uncertain manner
above describ'd; they ought to have been so secur'd at first as to
prevent their being liable to be remov'd from their farms at the
will of any person, nor ought they to have been left in this state,
which must be an additional embarrassment to those who have
the various concerns of the colony to attend to.

Your Grace will, I hope, pardon me if I refer to my letters No. '
1 and 9, in which I took the liberty of remarking upon the diffi-
cultys which must attend farming in this distant country, where
no market can be found by an industrious man who may raise
more grain or stock than his family may require. This reference
I am the more desirous of pressing, because the steps which I am

HUNTER TO PORTLAND. 19

at present pursuing, and mean to follow up, for fulfilling his 1797.

Majesty's commands, by attempting to raise from the labor of the 10 June-
convicts as large a proportion of grain as possible, and to render
the purchase of that article from others the less necessary, seems
to have awaken'd the jealousy of all who have extensive farms,
and who are certainly not well pleas'd at any appearance of a
saving to the concerns of the public, altho' they owe their success
to the assistance they have receiv'd from that public.

Were Government to establish a public store for the retail sale Advantages
of a variety of articles — such as cloathing, or materials for cloath- store!" 1C
ing, hardware, tools of every kind, sugar, soap, tea, tobacco, and,
in short, every article which labouring people require; and to in-
demnify the public for freight, insurance, the sallary of a respect-
able storekeeper, who shou'd produce regular accounts, and, in
short, every other expence attending the sending those articles
here, to charge an advance on the first price to that amount, the
people wou'd get what they wanted with ease, and at far less
expence than in any other way. Payment might be made in such
articles as the settler may raise — either grain or stock. Such a
store wou'd be a most comfortable thing to that description of
people, and wou'd put an effectual stop to the impositions prac-
tis'd upon them but too often.

I shall now only trouble your Grace further by mentioning Marines desirous
that there are a considerable number of the marines, who were settSs"11^
the first troops sent to this country, and who upon the recall of
that corps from hence were allow'd to enlist for five years in the
New South Wales Corps, some of them having completed this last
engagement, are desirous of settling iri the country, and are
entitled to a double proportion of land in consequence of a double
tour of duty. I have been examining some part of the banks of Land at the
the Hawkesbury, where I had understood there was much good Hawkesbury.
ground, but I found, altho' the land was good, its limits were too
confin'd for this purpose, not admitting of a number of settlers
sufficient for mutual protection and security against the natives,
who travel in numerous bodys; it is therefore my intention to
examine another place, where I have reason to believe there is
much excellent land, and to fix them there. The necessity of these
detach'd districts will point out to your Grace the propriety of
my requesting an addition to the medical and commissary depart-
ments.

I am sorry, my Lord, to add to this letter that we have this last Effects of a
summer experienc'd the weather so excessively sultry and dry that dry summer-
from the very parch'd state of the earth every strong wind has
occasioned conflagrations of astonishing extent, from some of
which much public and much private property has been destroy'd.

20

HISTORICAL RECORDS OF AUSTRALIA.

1797.
10 June.

Losses of the
Government.

Bush-fire at
Parramatta.

Hard ]abour
vice corporal
punishment.

Some of the settlers have been ruin'd by losing the whole produce
of their harvest after it had been stack'd and secur'd ; others have
lost not only their crops, but their houses, barns, and a part of
their live stock, by the sudden manner in which the fire reach'd
and spread over their grounds. Trains of gunpowder cou'd
scarcely have been more rapid in communicating destruction,
such was the dry'd and very combustable state of every kind of
vegitation, whether grass or tree.

The loss of Government has been about 800 bushels of wheat,
and we are now, for want of grass, oblig'd to feed some of our
cattle with grain; but the expence through this necessity will be
but small, as the young grass will soon be up. The people in
general have been too careless in securing their crops when
reap'd against those vast and tremendous blazes to which this
country in its present state is so liable in dry and hot summers.
It is to be presum'd that such experience will in future produce
more care; and I shall not fail, in such seasons, to remind them
in Public Orders of the necessity of greater attention to concerns
of so much value. As we clear and lay open the country we
shall get the better of such accidents; in the meantime their
frequency this last summer has been very alarming, and their
appearance truly dreadfull. I was call'd out at night lately at
Parramatta, and inform'd that a vast fire was quickly approach-
ing a field in which Government had several stacks of wheat.
All the men who cou'd be found were order'd out. The field was
near a mile out of town. I went thither myself. The night was
dark, the wind high, and the fire, from its extent, and the noise
it made thro' lofty blazing woods, was truly terrible; we, how-
ever, gave it a direction which sav'd our grain, and we are busily
employ'd in thrashing it out. This brings me to mention that
the common method of thrashing out grain is very tedious — that
it wou'd be a great advantage here, where we are so subject to
fire, if we had a few of the horse thrashing-machines invented
and us'd in Scotland. I understand they are very expeditious in
this operation.

I need scarcely mention to your Grace that I must continue
to employ such free artificers as I can hire untill we can complete
such works as are essentially necessary. To get the better of as
much of this expence as possible, we frequently substitute for
corporal punishment a certain time to labour for the public,
according to the degree of the crime committed, and this is more
felt by the criminal than any other punishment, for it is those
only who are upon their own hands that we punish in this way.

I have, &c,

Jno. Hunter.

HUNTER TO PORTLAND. 21

[Enclosure.]
Work performed since October, 1796.

1. Built a strong log-prison at Parramatta, of 100 feet long, fitted
with separate cells for prisoners.

2. P>uilt a strong double-log'd prison at Sydney. 80 feet long, and
fitted as above.

3. Built a windmill at Sydney with a strong stone tower; it is
now at work.

4. Built a granary at Sydney, which will contain from 10 to
12.000 bushels of wheat.

5. Repair'd, cover'd with a complete coat of lime, and whitewash 'd
all the military barracks, storehouses, hospital, officers' dwelling-
houses, and other brick buildings belonging to Government at
Sydney, which were in a state of rapid decay, but are now as
perfect as ever, and will last many years.

0. Widen'd and repair'd the public roads for the more easy and
expeditious traveling between the different districts of the colony.

7. Building an additional storehouse at Sydney.

S. Twenty-four men constantly einploy'd making bricks and tiles
for public use.

9. Preparing materials for a large windmill at Parramatta. with
a stone tower; most of the materials ready, and the building will
be immediately set about.

10. Built two new stockyards for the live stock of Government —
one at Parramatta, the other at Toongabbe,

11. Rebuilt several of Govt's boats, which were become mere
wrecks and useless.

12. Prepar'd ground, and have sown upwards of 300 acres of
wheat for Government.

13. Built quarters for two assistant surgeons; those formerly
built intirely decay'd.

14. The town of Sydney has been portioned out into four divi-
sions, in each of which are watchmen, who call the hour of the
night (no nocturnal robberys) ; the houses are number'd, and their
inhabitants are register'd. The boats are also number'd and
register'd.

15. Many other works, less conspicuous, but equally necessary,
have been completed.

1797.
10 June.

Public work

completed.

20 June.

Governor Hunter to The Duke of Portland.

(Despatch No. 26, per store-ship Britannia, via Canton; acknow-
ledged by the Duke of Portland, 18th September, 1798.)

My Lord, Sydney, New South Wales, 20th June, 1797.

The many subjects I have occasion to trouble your Grace
upon increases the number of my letters on the concerns of this
colony to much greater length than I cou'd wish; but I am in
hope that the number will be less inconvenient than letters of
greater length and containing much variety of subject.

In the various steps which I am regularly pursuing for bring- Repetition
ing into order the perplex'd concerns of the settlement, T have
sometimes occasion to mention the same matter more than once,

n ietters
unavoidable.

increased
expenditure

HISTORICAL RECORDS OF AUSTRALIA.

1797. and that happens from its being next to an impossibility to

20 June. discover all which it may be necessary to have a knowledge of
in one day, or in one month.
Causes of Our present expenditure in wheat is at this time very con-

siderable, and no doubt occasions an appearance of great expence,
but your Grace will observe that it is occasion'd by the want of
those articles which have generally been sent us from England,
and which, being a part of the allow'd ration, it becomes neces-
sary to substitute some other article in lieu; having no other, we
serve an additional proportion of wheat. Pease, rice, and sugar
have been sometimes expended. They are, therefore, replaced by
an additional quantity of wheat. One of the ships just arriv'd,
having touch'd at Rio de Janeiro, has brought from thence for
sale a quantity of sugar, which I have consider'd at a less price
than Government could possibly at this time send it from Eng-
land. I, therefore, have purchased ten tons at one shilling per
pound, which I trust your Grace will not disapprove. There are
several other articles which have been long applied for, without
which we shall be intirely at a stand. As far as I can procure
them from such ships as call here, I feel myself compell'd, much
against my inclination, to purchase.
Consequences of I have already, in my separate letter of the 12th November,
S5CtheSm 1^96, mention'd the consequences to the public service of that
officers. rage for speculation and traffic which seems to pervade the

majority of those holding situations under the Crown, and that
this evil has descended to super intendants, storekeepers, and
various other descriptions of people, so that the public duty was
intirely neglected. Every day convinces me more and more that
many of those people, if they cannot be prevail'd on to make
their public office their first consideration, shou'd be remov'd.
Their private concerns occupy all their time, and £50 per annum
seems to be no object when £300, £400, or £500 is to be gained
by trade. The farms in the hands of some individuals are very
extensive. I pretend not to judge how far this may prove a
public benefit; but I am very sensible that those who possess
them will ever be found inimical to the success of Government in
agriculture, because such success affects their main object.

I have formerly given an opinion on the advantages derived
to the colony by the officers, civil and military, having taken to
farming and rearing of stock. I have never changed that
opinion; but I have discover'd what I cou'd not foresee when I
gave it : that the advantages deriv'd from their exertions in agri-
culture has enabled them to pursue a more extensive field in the
way of trade, which has been as injurious to industry as their
former endeavours were beneficial. The farming of officers whilst

HUNTER TO PORTLAND. 23

they continued to hold appointments under the Crown might pro- 1797.

bably have been less liable to create the inconveniences Ave have
had such frequent occasion to notice had they been granted under
certain regulations and restrictions. It may be found difficult
now to get the better of those inconveniences; but some regula-
tions may hereafter be adopted which may answer that end.

I need not offer a more convincing argument with your Grace, ^g^tcy
to prove how far the traffic has been injurious to industry in settlers caused
agriculture, than by mentioning that the vast variety of debts traffic,
which were sued for before the last Court of Civil Judicature,
held for the purpose of compelling the settlers to be honest and to
pay their just debts, has been the complete ruin of many of
them ; they have been oblig'd to sell their farms and throw away
their labour for some years past to enable them to pay debts most
of which had been contracted by drinking spirits at a most exor-
bitant price, from thirty to sixty shillings per gallon. Your
Grace will see from this truth what are the description of people
our settlers have been compos'd of; and your Grace will also
discover what a profitable article of trade spirits have been
smugled into the colony in direct opposition to my best endea-
vours and Public Orders, and altho' I have endeavour'd to pre-
vent it by means of a guard on board and every other caution,
I have not succeeded. The stock of this destructive article in the
•colony when I arrived was very considerable.

The worst characters have unfortunately been placed at the Disorderly
greatest distance from head-quarters (the banks of the Hawkes-
bury), where a considerable number of them refus'd lately to
obey a Public Order I had occasion to issue, and did not hesitate
to say that they did not care for the Governor or the Orders of the
colony — they were free men, and woud do as they pleas' d. I,
however, very soon convinc'd them of their mistake, and they
became very humble, and promis'd the strictest obedience in
future if I wou'd pardon this offence. This turbulent conduct
cou'd never have happen'd had these people been kept under
proper regulations from the beginning. I trust, however, my
Lord, that we shall in time bring them to be more orderly and
obedient, much happier, and probably more opulent than they at
present are.

Many complaints having been made by the settlers of the heavy
expense attending the hire of labourers, I have considered their Fixation of
grievance, and have established the rate of wages for the different lateot w***8-
kinds of labor all over the country, to which I have bound the
settlers by written articles strictly to adhere under a certain

24

HISTORICAL RECORDS OF AUSTRALIA.

179/.
20 June.

Hostility of
the natives.

The problem
of the women
and children.

Reports re

Macarthur's

conduct.

penalty. This will prevent impositions of some extent. We
have no less than 700 men out of their time and off the public
store, and we have many more whose time being nearly expir'd
will be discharg'd if they desire it.

Many of them have become a public and very dangerous
nuisance; being too idle to work, they have join'd large bodys of
the natives, and have taught them how to annoy and distress the
settlers, who have many of them been murder'd by them, their
houses burnt, and their stock destroyed. They have threatened
to burn and destroy our crops upon the ground, and to kill our
cattle wherever they can find them. T am therefore oblig'd to
arm the herds, and it distresses me to say that I fear I shall be
under the necessity of sending arm'd parties in all directions to
scower the country. I have been out myself with a small party
of officers, and I shall frequently do so, and prevent, as far as
possible, the destruction of many of those people who are led
entirely by the villains who have got amongst them. We are
much in want of some small arms and some camp equipage, in
order to take particular stations for preventing these mischiefs.

The vast number of women for whom we have very little work
are a heavy weight upon the store of Government.* If we esti-
mate their merits by the charming children with which they have
fill'd the colony they will deserve our care; but it will become a
matter for the consideration of Government whether, after the
father has withdrawn himself from the service of the public, his
children are to continue a burthen on the public store. T have
inform'd several that when they quit the service of Government
they must take their family with them. The military have many
children, and they are all fed and cloth'd at the public expence;
the pay of a private soldier cannot maintain them, and I cannot
see their infants in want.

Permit me, my Lord, before I conclude this letter, to observe
that our vast distance from England, and the great length of time
which must elapse before I can be gratified with your Grace's
commands on any of the subjects in which it may be requisite I
shou'd be instructed, renders my time of suspense exceedingly
painful, and in an extraordinary degree so when I have had
occasion to complain in my public character on the attempt made
by a speculating individual! on the authority of his Majesty's
Govt.; this is a circumstance which an honest and honourable
pride, and a determination to support that authority by every
legal and proper means, will not as a public concern allow me to
drop, until it is either notic'd in that light, or is reduc'd to that of
a private one, for I cannot suffer such a piece of presumption and
impertinence as that of which I have complain'd to pass un-

* Note 15.

t Note 16.

HUNTER TO PORTLAND. 25

notic'd. I trust your Grace will view it as it deserves. Had 1797.

the opinions of this meddling person, however founded on specu- 20 une'
lative notions, been respectfully laid before me, as they ought to ^arthur's
have been, and it was his duty to have done, your Grace wou'd conduct.
have received them through me, together with such observations
upon their practicability as I might have seen occasion to make,
but it was those observations, so necessary for your Grace's more
perfect information, that he was unwilling to risk; he wished
rather to lay before your Grace some plausible opinion founded
upon his own speculative ideas, without its being known how far
they were at this time practicable, and to keep me, to whom they
ought to have been submitted, if well meant, in the dark respect-
ing their nature. I shall continue to hope that your Grace will
so represent this complaint to his Majesty as will prevent in
future any attempts of this nature, which may be felt (if not
discourag'd) by the Governors of his Majesty's other British
possessions as well as this.

I will take this opportunity to inform your Grace that as such Expirees leave
American ships as have touch'd here from time to time have thee01011}'-
generally taken away such of the people as had completed their
term of transportation, I have determined that during this time of
war none shall be permitted to leave this colony in a foreign ship.
This the men feel as an hardship ; but I consider it a duty I
owe my country to prevent the loss of so many of his Majesty's
subjects, when their country may have occasion for them. In
this, altho' it may be thought by some that I have exceeded my
authority, I shall hope it may not be disapproved by your Grace.

If the commander-in-chief of the King's ships at the Cape of Recruiting
Good Hope had sent two or three frigates here to recruit for the for the navy'
fleet they wou'd have returned again in less than five months,
taking the first of the summer, and receive as many men as wou'd
be felt by the fleet a considerable advantage.

Your Grace will have understood long before you can receive Recruiting
this that I had refus'd my sanction to an officer sent from the for India.
East Indies to recruit soldiers here.* I did not then think, for the
reasons which I gave your Grace, that I cou'd with safety to the
concerns of the colony allow it; but the numbers who have since
been discharg'd from the victualling-books in consequence of
their term of transportation being expir'd, and the men whom
we have since receiv'd, will admit of those who are upon their
own hands being thin'd, for they now do much mischief.

I have, &c,

Jno. Hunter.

* Note 17.

26

HISTOEIOAL RECORDS OF AUSTRALIA.

1797.
20 June.

Supplies of
clothing.

Trousers
preferable to
breeches and
stockings.

Supply of
leather.

Naval stores
required.

Governor Hunter to Under Secretary Kin*;.
(Per store-ship Britannia, via Canton.)

Sir, Sydney, New South Wales, 20th June, 1797.

The uncertainty, in the time of war, of my different letters
on the various subjects I have had occasion to write upon coming
duly to hand will, I hope, be admitted as a sufficient apology for
my considering it necessary on some occasions to repeat my
applications.

I have some time past written and express'd my hope that a
supply of slop cloathing wou'd be sent us as early as possible.
Since that time we have been so fortunate as to receive a supply
by the Sylph, victualing ship, which serv'd to relieve my imme-
diate wants, and not sooner, I assure you, sir, than our neces-
sitys demanded. I have now to intimate that we have (except
in a few trifling articles) completely issued that supply.

Permit me, sir, to propose a change in the article of breeches
and stockings for the men, and instead of them to substitute
either blue or brown long woolen trowsers, which are far more
convenient and comfortable to the people, and much more desir'd
by them. If the materials only were sent out the expence of
making might be sav'd, as the men wou'd prefer fitting them-
selves. Such a pair of trowsers answers the purpose of breeches
and stockings together, so that very few of the latter wou'd be
necessary, and none of the former. Amongst the different par-
ticulars sent out with the slops, none has been more usefull than
the raven duck or thin canvas. It is exceedingly convenient in
the summer for frocks and trowsers, and renders the issuing of
woolens at that season less necessary.

Nothing cou'd have been better consider'd than the sending
with the shoes a quantity of sole leather. It has occasion'd our
spinning out the proportion of shoes to near twice the time they
wou'd have lasted. And here I will take an opportunity of repeat-
ing what I have formerly mention'd — that the shoes are exceed-
ingly bad ; they will not last a week.

Allow me, sir, in this place to say that you can have no idea of
the distress we experience thro' the want of a supply of naval
stores. These are articles which my own professional knowledge
serves to convince me you have in these times a great demand
for at home; I have therefore been the less importunate on that
subject; but I can no longer delay assuring you, sir, that such
necessarys are exceedingly wanted for forwarding many works
upon which my whole stock of resources have been completely
expended long ago, and boats and small craft nearly worne out
or laid up.

HUNTER TO KING. 27

Tools of every kind I must not omit to mention, altho' I trust 1797.

long before you can receive this you will have seen Mr. Palmer, 20 Ju"e-
our Commissary, who carried with him all our demands; and
I hope you will find that they have been made out in the
manner suggested to me before I left London as the most proper
form.

On the subject of stationery, I must observe that unless you stationery
were acquainted with the whole process, or manner, in which the daily use.
various concerns of the colony is carried on, and the different
channels thro' which it must pass, to prevent that confusion of
which I have had so much cause to complain, and which wou'd
often be found to involve greater expence, you can have no idea
of the vast quantity of that article necessary. You know, sir,
that I am allow'd for stationery £20 per annum, which for my
own mere letter- writing and correspondence might be sufficient;
but when it is consider'd that I must supply all the inferior
officers, or those whom I must employ on the public business for
keeping lists of working partys, for making out daily, weekly,
and monthly reports of labour and other necessary returns, it
will be found that £50 does not defray my expenses. I am, at
this day, obliged to supply every department in the colony, and it
is fortunate it has been so long in my power. I am, however,
drawing very near to the end of my stock of that very necessary
article. I have to request sir, that you will have the goodness
to represent this circumstance to his Grace the Duke of Port-
land, that some way may be suggested for remedying this
inconvenient expence, either by increasing my allowance for
those purposes, or making a separate allowance for this use,
or in any way which may appear to his Grace to be the most
proper.

Among the convicts lately arriv'd by the Britannia and Ganges Convict
I am pleas'd to find a few usefull mechanicks. This will enable mechamcs-
me to discharge from wages some I have been obliged to hire;
but I am extrem'ly concerned to observe that our repeated
demands for tools and implements of husbandry have not been Agricultural
auswer'd, nor have wTe at tnis time an iron pot or anything to ^juf^.n
substitute in lieu, and when those people are divided into partys
they must have some cooking utensil. Permit me to take this
opportunity of assuring you that if the various articles of stores
which have been long applied for are not soon sent us we shall
be completely at a stand. We have now very little iron left,
having been oblig'd so long to manufacture all the tools wanted
for artificers or for agriculture. j nave &c

J. \o. Hunter.

2$

HISTORICAL RECORDS OF AUSTRALIA.

25 June.

Despatches
received.

Portland's
approval.

Encouragement
of private
agriculture.

The expenses
of the colony.

Governor Hunter to The Duke of Portland.

(Despatch No. 27, per store-ship Britannia, via Canton; acknow-
ledged by the Duke of Portland, ISth September, 1798.)

My Lord, Sydney, New South Wales, 25th June, 1797.

After having written my letters No. 25 and 26, which will
be forwarded herewith, I had the honor of receiving your Grace's
dispatch No. 4, and the letters which accompanied it, as mark'd in
the margin.* Those letters were received by the return of his
Maj's ship Supply from the Cape of Good Hope, her commander
having taken them out of the Ganges, transport, just arriv'd
there.

It is matter of no small gratification to me that your Grace
appears satisfied with the state of the colony, as far as I had
an opportunity of knowing and reporting it by the ship Young
William. I do not claim to myself any part of the merit which
might have been conspicuous in those by whose means that state
had been forwarded, for I had been but a short time arriv'd.

When I took the liberty of suggesting to your Grace that
encouragement being early and amply afforded to settlers and
others employ'd in farming wou'd be the surest and most expedi-
tious way of promoting the agriculture of the country, as holding
out a personal motive to exertion, and in which opinion your
Grace has been pleased to agree with me, I must beg to assure
you, my Lord, that in offering that opinion I did not mean to
consider the public interest as an object to be set aside for a
single moment. No, my Lord, I trust your Grace will do me the
honor to believe that it is no less my most earnest wish, than it is
my indispensible duty, to use every practicable means for reduc-
ing the heavy expences of this colony. In the short time T have
been here, and the innumerable difficultys which have unfor-
tunately been somehow or other plac'd in the way of my early
success in so desirable a consideration, your Grace will discover
from my successive letters (in which I have detail'd at consider-
able length what those difficultys were, and how great my cause
of complaint had been) that it is not the work of a day to estab-
lish that reform in this colony so highly essential to order and
good government, and which must be preliminary to a reduction
of the vast expences which it occasions to the mother country.
To say that I am concern'd those expences should be so great is
but faintly to express the anxiety which I have felt on that
account since my arrival; and I must request that the original
cause may be recurr'd to and consider'd, in order that the censure
(if any shall be consider'd as deserv'd) may fall where it may be

* 26th September, 1796. 31st August 1796. Separate of 22nd August, 1796.

HUNTER TO PORTLAND. 29

thought merited, for I must say, my Lord, that much of the sums 1797.

drawn for in my name were occasioned by circumstances which 25 June-
had their existence before my time, and were unavoidable on my
part.

In your Grace's letter of the 31st August last it is particularly The importation
noticed that a quantity of grain at a very great expence had been of srain-
imported in the ship Endeavour when she brought live cattle from
India to the colony. It is impossible for me, my Lord, to form
any correct judgement on the then necessity of ordering that
grain to be receiv'd; but, in reply to your Grace's observation
relative to the receiving of maize from Norfolk Island at far less
expence, I beg leave to say that at that particular time it might
not have been in the power of the commanding officer, for want of
a ship, to have sent to that island for what they cou'd spare, and
the Colonial schooner, which is a mere boat, although capable of
carrying a dispatch, is too small for such purpose. I will take
th<? opportunity of observing, my Lord, that with common care
and attention I see no occasion for the colony ever to have
recourse to Norfolk Island for that article, because maize grows
with equal luxuriance here, and consequently shou'd be sold as
cheap.

As soon as I can have a sufficient quantity of ground in culti- Public

3.£*riculturG

vation on the public account, which shall be as early as the labor
of the convicts whom we receive from the Ganges and Britannia
can effect it, I trust that I shall not only be able to lower the
price of every kind of grain, but that the quantity to be pur-
chased by Government will be very small. I will then reduce the
private farms in the number of their labourers, unless those who
employ them will take them off the hands of Government alto-
gether; but to do that before I can ensure bread for those fed at
the public expence would be a very dangerous experiment, as
likely to reduce us to want in that necessary article.

The salt provisions which your Grace has mention'd we shall Supplies of
receive from the above two ships will fully complete to the time salt Provisions-
propos'd; but I must take this opportunity of remarking that in
the resource mention'd by your Grace of salting fish, I fear, my
Lord, that those who may have hinted the matter to Government
have been rather too sanguine. I admit, my Lord, that there are
times when industrious individuals who are in possession of a
small boat may frequently furnish their family with fresh fish,
which are chiefly caught within the harbours; but when we con-
sider this business on a larger scale, as intended to supply several
thousand people with even a small proportion, and take into our
recollection that there are but few fish of a size to salt, that we
have no fishing-banks upon this coast like those of the North

30

HISTORICAL RECORDS OF AUSTRALIA.

1797.
25 June.

The fish
supply.

The proposal
to salt fish.

Additional
troops.

Sea or Newfoundland to resort to, and upon which we wou'd
require boats or vessels of a larger size than small row-boats, we
shall see that it will not promise the advantage your Grace may
have been led to expect — the men can be employ'd to far better
purpose in the field. If we were even provided with vessels fit to
navigate along the coast, and to enter the different harbours for
this purpose, we wou'd require fishing-netts, hooks and lines, &c,
&c. ; but I am very apprehensive that had we a number of such
vessels, having none but convicts to employ in them, we shou'd
frequently have cause to regret such safe opportunitys of leaving
the colony without permission as such vessels wou'd afford. Your
Grace I have no doubt will pardon my taking the liberty to point
out those difficultys. I did it, my Lord, because I have often
known opinions of this nature given too much at random, and
without having taken everything necessary into consideration.
I am pretty well acquainted with the practical part of such busi-
ness myself. I therefore write the more confidently.

A Mr. Boston* was sent out by Government in consequence of
some proposal he had made relative to the making of salt and
curing of fish, but he, soon after his arrival, chang'd his plan, and
he now speculates in some other way, and I am of opinion will
continue to be one of those whom the colony will not derive any
advantage from. With respect to what your Grace remarks upon
the swine bred upon Norfolk Island, I am of opinion that were
that spot wholly applied to such particular use it is highly pro-
bable they would be able to provide a considerable quantity of
pork for this settlement, which might in the winter season be
cured there; but they will require materials for this purpose,
which might be procured from the East Indies. Salt they cou'd
make, but sugar, saltpetre, and some spices being equally neces-
sary, must be sent them; without these articles there would be a
risk of great loss. Indian corn for feeding such animals they
can grow abundance of, but the labor attending the cultivation of
this grain is so great that they have hitherto consider'd sixpence
per pound as low as they can sell it; as I am not immediately
acquainted with the expence of sending this article from England,
I am not prepar'd to draw the comparative expences. Wheat
being a grain which does not succeed so well on that island, I
fear they must have recourse to us for that article ; their want in
this respect occasion'd my sending thither 900 bushels by the last
opportunity I had.

The two officers and sixty private soldiers coming out in the two
convict shipsf will be a considerable relief to the duty of the
troops; and I am extremely glad to understand that an addition

* Note 18. t Note 19.

HUNTER TO PORTLAND. 31

to the medical department will arrive at same time, and that your 1797.

Grace is pleas'd to propose an addition to that of the Commissary 25 June"
also.

I beg, my Lord, to mention that you will find that I have
anticipated, many months ago, the desire your Grace has
express'd that I will use every means in my power to lessen the Expenses
expences of the civil establishment by discharging every useless establishment.
appointment. I have discharg'd a millwright sent out by Govern-
ment on a sallary of £105 pr. ami. He had not earn'd £5, altho'
he had cost the public £600 or more. Anxious as I was to get a
mill erected, I cou'd not effect it until I found an ingenious
Irish convict, who has finished a very good one, and as an encour-
agement I gave him £25 and abolished the above sallary, an
appointment I saw no occasion for. Be assur'd, my Lord, I will
continue to discharge from the victualing-books of the colony all
improper persons. I have remov'd some hundreds since I arriv'd,
many of whom shou'd have been discharg'd before they were.

The ship Britannia, with convicts from Ireland, arrived the The method of
27th May. From the extraordinary manner in which those people from ?Snd!n
are sent from Ireland hither, I must, in justice to those convicts,
repeat my hope that your Grace will give directions that I am
furnished with proper lists of all those that have come from
that country within the last five years, noting the time of their
conviction and the term they are to serve.* I have no official list
of those come in this last ship, nor any account but such as the
master had made on board. It is necessarily inconvenient to our
concerns here, and extremely unjust to be obliged to compel the
men to longer servitude than the law has directed; but such is
our situation with respect to the Irish convicts, who are a very
turbulent description of transports. They have more than once
threatened opposition to all authority if they are not liberated
when their time of servitude is expired, a circumstance we con-
tinue to be left in ignorance of.

I am sorry I cannot say much for the health of those come out
in the last ship. The people have been kept in irons the whole a mutiny
voyage in consequence of some conjecture that they meant to susPected-
seize the ship and to murder the officers. They look most
wretchedly from the long confinement, and will require some time
to recruit before we can set them to work.

It is much to be regretted, my Lord, that one of the King's A naval officer
naval officers, or some person properly qualified, is not sent out in superintendent,
ships so employ'd; the convict has no person to complain to,
whatever cause he may have. Such officer wou'd see they had
justice done them in their provision as well as their treatment.
They are without protector, entirely at the mercy of the master

* Note 20.

32

HISTORICAL RECORDS OF AUSTRALIA.

1797.
25 June.

Arrival of
the Ganges

Expirees.

Return
passages for
surgeons.

Importation
of live-stock.

Condition of
the Supply.

and his officers, who in the present instance does not appear to
have had much lenity, as a number had died on the passage, of
whom some had been severely punish'd. I shall direct an inquiry
and transmit the result herewith for your Grace's information.*
I am disappointed, my Lord, in the surgeon whom your Grace
meant in the room of Mr. Irvine, deceased, no such person having
arriv'd in the Britannia.

The Ganges arriv'd on the 2nd of June. The convicts arriv'd
in better health than those already mention'd, altho' some are
highly scorbutic.

Altho' this recruit of strength is considerable, and will enable
me the sooner to effect what your Grace is desirous of, I must at
same time say that I discharg'd the other day more than a hun-
dred whose time was expir'd, and struck them off at their own
desire from the victualing-books; and I must observe that many
of those who are just arriv'd have not more than eighteen months
or two years to serve, having been convicted in 1792 for seven
years.f This is extremely inconvenient, and fills the country with
vagabonds. We have the acquisition of an assistant surgeon by
the Ganges. £

Permit me to observe, my Lord, that in all the ships from
Ireland the surgeon sent upon that service is refer'd to me for a
passage home; I must therefore remind your Grace that as all
ships sent here are discharg'd from his Majesty's service as soon
as clear'd, and are engaged under another contract, I have it not
in my power to order a passage for any person from hence.

His Majesty's ship Supply has landed in health twenty-seven
cows and thirty-five sheep, § eight cows, two bulls, and thirteen
sheep having died upon the voyage. The ship having prov'd in
so weak, decay'd, and leaky a state as to have been thought at
the Cape too bad to quit that port upon such a voyage, her com-
mander, Lieut. Will'm Kent, however, consider'd and felt the
design of her voyage as of so much importance to this colony,
determin'd to run every risk, and fortunately, but with very
great difficulty, succeeded. I fear she cannot be again sent to
sea. I have directed a most minute survey may be held on her
condition. I feel a vast loss, my Lord, from this unfortunate
circumstance, because the zeal of this officer has been a source of
satisfaction to me in my hope of being able very soon by means
of this ship to fulfil the command of his Majesty relative to the
stocking this colony with cattle, she being much more fit for this
service than the Reliance.

The report of survey is at this moment laid before me, which
declares the ship unfit to risk the lives of the men in at sea.
She is a complete mass of rotten timber. This report I shall by

* Note 21.

t Note 22.

J Note 23.

§ Note 24.

HUNTER TO PORTLAND. 33

this conveyance forward to the Admiralty and Navy Boards, to 1797.

the first of whom I hope your Grace will point out the necessity 2o June'
of sending a ship instead of the Supply, whose officers and com-
pany, having no means of sending to England, I shall detain and
employ in such way as the service may require.

If it should please the Lords of the Admiralty to order that a
ship may be sent us as early as possible, a small compliment of
men may serve to bring her out, and that number may at same
time serve to complete the compliment of both ships, which are at
present very diffident. This ship wou'd also be convenient for
saving freight for such stores for the colony as have been applied
for.

The zeal manifested so frequently by Lieut. Kent for the Services of
service of this colony will induce me to take the liberty of solicit- ieu ' en "
ing for so deserving and capable an officer a step in the line of his
profession. His claim is great, were it only from length of
service (twenty-seven years, seventeen of which he has held a
Commission as lieutenant) ; but it is the dependance I have on
his steady and active conduct on which I rest the propriety of my
request to their Lordships. Should no other officer hav3 been
recommended to your Grace as a successor to Lt.-Govr. King on
Norfolk Island, I know few more fit, should the Lords of the
Admiralty think him deserving the rank of commander in the
Navy, a circumstance which I cou'd not doubt their agreeing to
were it in the smallest degree counternanc'd by your Grace.

I have, &c,

Jxo. Hunter.

P.S. — One of the persons* who arriv'd here having mentioned Discovery
their having found a large quantity of coal, the day before they
were taken off, I have lately sent a boat to that part of the coast.
The gentleman who went, Mr. Bass, surgeon of the Reliance, was
fortunate in discovering the place, and has inform'd me that he
found a strata of six feet deep in the face of a steep cliff, which
was trac'd for eight miles in length; but this was not the only
coal they discover'd, for it was seen in various other places.

of coal.

Governor Hunter to The Duke of Portland.

(Despatch No. 28, per store-ship Britannia, via Canton ; acknow-
ledged by the Duke of Portland, 18th September, 1798.)

My Lord, Sydney, New South Wales, 6th July, 1797.

In my letter, No. 27, herewith forwarded, I have men-
tion'd that reports having been circulated that the convicts who
were brought from Ireland in the ship Britannia had been treated

Ser. I. Vol. II— C * Note 25.

6 July.

34

HISTORICAL RECORDS OF AUSTRALIA.

1797.
6 July.

Inquiry re
the conduct
of Captain
Dennott.

Arrival of

H.M.S.

Reliance.

The expenses
of the colony.

Disadvantages
in rearing
hogs.

with so much severity that the death of some of them had been
occasion'd by the punishments they had received, I directed a
Bench of Magistrates might assemble for the purpose of an
enquiry into the truth or falsehood of these reports, in order that
I might judge how far there might be ground for a more serious
investigation. The enclos'd paper, No. 1, is the examination in
full, and the opinion of the magistrates who made the enquiry.

I have the pleasure to inform your Grace that his Majesty's
ship Eeliance arriv'd from the Cape on the 26th ultimo, and has
landed the cattle she brought in good health. The enclos'd paper,
No. 2, will inform your Grace what we have receiv'd by the two
ships. Each officer has, on his own account, given up during the
passage the comforts of his accommodation on board, and filled
them with such animals as their respective cabbins were capable
of taking in. This, altho' a private consideration, is nevertheless
a public benefit to the colony, and is much to be commended.

Cautious as I am, my Lord, relative to the drawing of bills on
account of the colony, your Grace will, nevertheless, find that I
am frequently and unavoidably compell'd to this most unpleasant
part of my duty. I must take the liberty of assuring you, my
Lord, that a part of these sums have been occasion'd by the want
of those articles without which we should nearly stand still,
and which have been generally sent us from time to time from
England, but which the present war may have occasioned our not
receiving as regularly as formerly. I will not fatigue your Grace
with a recapitulation of our wants; our demands have been some
time in England, and I trust they will be attended to as soon as
possible. It may not be improper to remind your Grace that the
concern of Government relative to agriculture, as mention'd in
former letters, occasions much of our expence to be for grain.
This, I need scarsely say, after what I have written on these sub-
jects, it has not been in my power to prevent, but I will venture
to assure your Grace that it shall be prevented hereafter in as
short a time as the strength I have can accomplish it.

I have determined never to receive more grain at one time on
the public account than it may be probable will keep in good
condition, and thereby prevent the losses formerly sustain'd by
Government in this article.

I find that settlers and others who have been at the trouble
and expence of rearing hogs have begun to despair of any market,
and are giving up their attention to this usefull stock. Its price
has hitherto been in this colony one shilling per pound. I pro-
pose in a short time, by way of encouraging attention to this
stock, to advertise for a certain quantity, if I can have it at nine-

HUNTER TO PORTLAND. 35

pence. I hope your Grace may approve of this measure, as I 1797.

presume it is less expensive than our salt meat can be sent us. In
due time I hope we shall be able to reduce the price of all kinds
of stock; but your Grace wil consider that it requires time to
make those alterations which are so very much wanted here, and
which, as far as relates to a reduction of the price of stock, we can
do with the more ease when our stores are not empty, and our
dependence plac'd wholly on the stock rais'd by individuals.

As soon as the Reliance can be repair'd and put in a condition wheat supplies
for sea, I must send her to Norfolk Island with such quantity of £fanfLrfolk
wheat for the use of the inhabitants of that settlement as she can
conveniently take on board. They live at present on bread made
from the flour of maize, and appear to despair of being able to
raise wheat.

I enclose for your Grace's information a continuation of the Government
Public Orders, No. 3, I have seen it necessary from time to Jeneral orders,
time to issue ; and I must beg for a moment to draw your Grace's
attention to that of the 21st June last. This, my Lord, will show
in a clear point of view what I have to strugle with in the execu-
tion of my public duty, and in my endeavours to restore that
order so long lost and so much wanted.

The last ships which arrive (as is too commonly the practice) Attempted
have brought spirits enough to deluge again this colony, and to 0Tspirits!°n
throw it into such state of fermentation and disobedience as
wou'd undo all I have been attempting to bring about for the
public good. My positive refusal to suffer this poisonous article
to be landed has given much offence, altho' every officer has been
permitted to receive what he wanted for his private accommoda-
tion.

The reward offer'd, my Lord, in the Public Notice above men-
tion'd was such as wou'd, I conceive, have been irresistible to
a convict ; but not having produc'd any information, I have much
reason to suspect it is with some of their superiors, engag'd in
a destructive trade, and whom I shall not cease to search after.
No character, my Lord, however sacred, however immaculate, is
safe here in the present state of this colony if he attempts to
oppose that disgracefull traffic which has done so much mischief.
The anonimous paper alluded to is written in too scurrilous and
too- mean a language to lay before your Grace, and is no doubt so
written to prevent detection.

It would be well, my Lord, to have some clause in the charter-
party of ships sent here that shou'd serve to deter them from
attempting to land anything forbidden by the Port Orders with-
out a regular permit.

36

HISTOKICAL KECOEDS OF AUSTRALIA.

1797.
6 July.

Death of
Ensign Brock

Inquiry re
the conduct
of Captain
Dennott.

I am concern'd to have to report to your Grace the death of
Ensign Brock, of the New South Wales Corps. He arrived here
in very ill-health on board the Ganges, and died the 6th instant.
He has left a wife and family much distressed.

I have, &c,

Jno. Hunter.

[Enclosure No. 1.1

Proceedings of a Bench of Magistrates convened by order of his
Excellency Governor Hunter, &c, &c, &c.

Present: — The Acting Judge- Advocate* ; Eeverend Kichard
Johnson; Wm. Balmain, Esq.

Charges imputed to Captain Dennott : — 1st. For having by severity
of punishment, executed by your order, occasioned ye death of
six convicts on board the Britannia, transport, under your com-
mand. 2nd. For your general conduct not having been suitable
to ye intention of Government in sending them here in health and
safety.

Nos. 1 and 2f having been read in Court to Captain Dennott, they
proceeded to swear Mr. Augustus Beyer, the superintendant-
surgeon on board ye Britannia, who, being duly sworn, deposes : —
That he had ye charge of ye troops and convicts as surgeon on
board ye Britannia ; that he was not consulted by Captn. Dennott
when punishment was inflicted on any of ye convicts except J.
Bucke, now in ye hospital, and Lawrence Dromed ; that a convict
of ye name of Patrick Garnley received four hundred lashes ; that
the next morning the man was found dead ; that Captain Dennott
in this instance never consulted him whether he had received as
many lashes as he was able to bear ; that ye man was in a good
habit of body; that to ye best of his judgment he died in conse-
quence of ye punishment he received, and that some others like-
wise died from the same cause.

No. 3 having been read to Captn. Dennott, he acknowledges to
have written it to Mr. Ricketts, his chief mate.

No. 4 having been read to Captn. Dennott, he acknowledges to
have received it from Mr. Beyer. Mr. A. Beyer further says that
water-sweetners and ventilators that were put on board by Govern-
ment were not made use of; that their undermost berths were
continually wet, and that no steps were taken to dry them.

The log-book being produced, and that part of it respecting ye
punishment of the convicts being read to the Court, he (Captain
Dennott) swears that to ye best of his knowledge and belief ye
whole of it is true.

Court to Mr. Beyer. — On the punishment of those convicts, did
you ever interfere and tell Captain Dennott that they could not
receive any more?

4. — Xo; because in consequence of ye frequent representations
he had made to Captn. Dennott he thought himself under restraint.

Lieutenant Wm. Burn, New South Wales Corps, being duly
sworn, says that to ye best of his knowledge Mr. Beyer was never
(except in two instances) consulted respecting the punishment of
the convicts, neither was he himself ever consulted, nor were any of

Note 26. t Note 27.

HUNTER TO PORTLAND. 37

ye officers of the ship ever consulted. He further says that he 1797

heard Captain Dennott say to some of ye men under punishment, "I 6 July.
will not hang you, it is too gentle a death, but I will cut you to T .

•■ Inquiry re

Pieces. the conduct

Q. by Court. — As you had frequent opportunities of seeing the oennottin
state of ye convicts, do you think that Captn. Dennott took such
steps as might answer ye intentions of Government in bringing
them to New South Wales in health and safety?

A. — The first part of the voyage he thinks he did, but latterly
it was perfectly neglected.

Q. by Court. — Do you think that obstacles have been thrown in
ye way of Mr. Beyer in the execution of his duty?

A. — Innumerable obstacles. Mr. Burn further says that ye pro-
visions intended for ye convicts in ye island at Rio Janeiro were
often not sent before 2 or 3 o'clock, but in general at 1 o'clock ;
that Mr. Beyer was never order'd on duty to attend ye punish-
ment, and that therefore he does consider him as a medical man
lesponsable.

Q. by Court. — Do you think that in ye punishing the convicts he
(Captn. Dennott) was guided by motives of humanity?

A. — He thinks that a great deal of inhumanity was used towards
them.

Q. by Captn. Dennott to Mr. Burn. — Whether did you hear me
ask ye doctor if the two Konnas were able to receive three hundred
lashes?

A. — I am not sensible of it.

Q. by Court. — Did you, while ye punishment was going forward,
conceive yourself as aiding and assisting Captn. Dennott on that
duty, or merely as an officer at the head of your troops?

A. — Merely as an officer unconnected and unconsulted with ye
punishment.

Q. by Mr. Burn to Captn. Dennott. — Did you ye second day after
punishment hear the convicts complaining in that they had no
water, and that in consequence of Garnley's drinking his own urine
he died soon afterwards ?

A. — He did hear such an assertion, but that it was redressed.

Q. by Captn. Dennott to Mr. Burn. — Do you recollect ye body
of Patrick Garnley being brought to the gangway, whether you
heard ye doctor give any opinion as to the cause of his death?

A. — He understood that ye doctor gave an opinion, but what it
was cannot say.

A question being put to Captn. Dennott whether he ever consulted
any person as to punishing the convicts, he answers he never did,
and that he thinks himself responsable.

Mr. Isaac Froome, 3rd mate of the Britannia, being duly sworn : —

Q. by Dr. Byers. — Did Captn. Dennott ever order me on duty
to attend ye punishment of any convicts punished on board ye
Britannia?

A. — To ye best of his knowledge, he never did.

Q.— On the detection of the conspiracy to take ye ship, was I
ever consulted as to the extent of ye punishment?

A. — Never in my presence.

Q. — Did Captn. Dennott say to Kormey and Tremble, convicts,

38

HISTORICAL RECORDS OF AUSTRALIA.

1797.
6 July.

Inquiry re
the conduct
of Captain
Dennott.

" Has this man taken the oath ? " On their answering in the affir-
mative, did he not order them to be tied up and receive a certain
number of lashes?

A.— He did.

Q. — On ye second day of their being punished, did Captn. Dennott
ask or consult me whether they were capable of receiving any
additional punishment?

A. — In one instance he heard the captn. ask him whether he was
able to bear any more lashes, and that his name was Jas. Horse.

Q. — Did I ever meet with intentional obstruction in ye execu-
tion of my duty?

A. — In some few instances he did. On your asking for vinegar
it was refused, but believes that ye vinegar was not at hand.

Q. — Was the ship leaky in her upper works, and did not a great
deal of water go where the convicts were?

A. — She was leaky, and a great deal of water went on ye deck
where ye convicts were.

Q. — Whether when the deck was in that state were endeavours
made to keep it dry?

A. — At first it was done, but latterly it was not, there not being
any swabs.

Q.— In consequence of ye water coming in, were not many beds
destroyed, as well as cloathing, and several of ye people obliged
to sit up all night?

A. — There were several, and he endeavoured to redress it by
removing many to the upper births.

Q. — Were not ye convicts extremely filthy and dirty?

A. — Latterly they were, for want of brooms and swabs.

Q. — Did I not express a wish that ye old people should come
on deck at all times, and was that wish complied with?

A. — It was not all times, and Captn. Dennott had given orders
for them not to come up without his leave.

Mr. Burn says that a complaint was made to him by Dr. Byers
for that his corporal would not suffer ye old men to come up. The
corporal said that such refusal was agreeable to Captn. Deimott's
orders to him ; that on Dr. Bye^s giving directions for half of ye
grating to be taken off, in order to give air to ye convicts, the chief
mate said it should not be done, as it was contrary to Captain
Dennott' s order.

Q. — Was the punishment inflicted on the convicts severe?

A. — Very severe.

Q. — Did you consider Captn. Dennott's orders in inflicting punish-
ment on the convicts as cruel?

A. — In some instances he thinks it was, in others not.

Q. — Do you consider ye general conduct of Captn. Dennott
towards ye convicts such as to answer ye intention of Government
in bringing them here in health and safety?

A. — The first part it was, but ye second part not.

Q. — In what instances not so?

A. — By ye want of free air and their being loaded with irons.

Q. — Do you think ye rigid measures adopted necessary for the
security of ye ship?

A. — It was not absolutely necessary.

Q. — Did not Captn. Dennott order Jas. Brannon, a convict, on
the first dav, to receive 300 lashes?

A.— He did.

HUNTER TO PORTLAND. 39

Q. — Did not Captn. Dennott tell Brannon, after he had received 1797.

ye 300 lashes, that ye next day he should receive 300 more? eJuly.

.4.— He told him that if he did not confess he would again flog Inquirvre
him to-morrow. the conduct

O. — Was Brannon brought up ye next day, and did he not of Captain

• -/v/-v -1 1 n Dennott.

receive -jOO lashes?

A.— He did.

Q. — Did you hear Captain Dennott say to Brannon, while under
punishment ye second day, " 1 will not hang you, it is too gentle a
death, but I'll cut you to pieces? "

A. — He did not hear him say so.

Q. — On each of ye punishments inflicted on ye convicts, was ye
doctor consulted?

.1. — Not in all, but Captn. Dennott took responsability on himself.

Adjourned to l\^ednesday next.

Sidney, 14th June, met pursuant to adjournment.

Mr. Jas. Thos. Ricketts, chief mate of ye Brittannia, being duly

sworn : —

Q. by Captn. Dennott. — Be so good as to relate to ye Court the
circumstances attending ye punishment of the convicts, and whether
the surgeon was not always present and consulted when ye punish-
ment was inflicted?

.4.. — He was sick and confined to his cabin at the commencement
of ye punishment, and that he can't say whether the doctor was
consulted or not ; but afterwards — the second or third day — he was
on deck, and stood by Mr. Burne and Doctor Byers and saw Doctor
Byers keep an account of ye number of lashes given to ye convicts,
and he heard Captn. Dennott ask Dr. Byers of two men who
appeared sickly, what number of lashes they were able to receive,
and in consequence of what Doctor Byers said to Captn. Dennott
the man was taken down.

Q. — Do you recollect, when Brannon was punished ye second
time, whether Captain Dennott asked Dr. Byers what number of
lashes he was able to receive, and what was Doctor Byers's answer?

A. — To ye first part he can't answer, but recollects Dr. Byers
observing that his hide was tough, or some such remark.

Q. — Do you recollect when ye body of Patrick Garnley was
brought on ye deck what opinion Dr. Byers gave as to ye cause of
his death ?

A. — To ye best of his recollection Dr. Byers said that his death
was not occasioned by the punishment he had received.

Q. — Do you recollect the tenor of my conduct on ye days the
men were punish'd, and whether I did not ask ye doctor's opinion
respecting the punishment they received, or whether any punish-
ment was inflicted after that opinion was given?

A. — To ye whole of ye question, can only answer as to Mr.
Beyer being consulted respecting ye two men before mentioned
being indisposed and frequently going to his cabbin.

Q. — Did Mr. Byrne take an active part in ye punishment as
well as himself and others then on the deck?

A.— He did.

Q. — Do you consider Mr. Byrne simply as an officer at ye head
of ye troops?

A. — He does not, but active in encouraging his people.

40

HISTOEICAL EECOEDS OF AUSTKALIA.

1797.
6 July.

Inquiry re
the conduct
g! Captain
Dennott.

Q- — Did Mr. Byrne express any pleasure and satisfaction in
seeing the men punished ?

A. — It appears to him that he did.

[The letter No. 3* read to Mr. Ricketts.]

Q. — Do you recollect having received such a letter?

A. — I do perfectly well.

Q. — Do you consider this letter as a private?

A. — He does so consider it.

Q. — Did you ever give that letter to any person, or lend it to any
person ?

A. — He never did.

Q. — In what manner do you suppose that that letter now appears
in Court as evidence against me?

A. — He supposes it was taken off ye file, which was sometimes
in ye captain's cabbin, and sometimes in his own.

Q. — Can you tell by whom, and when, it was taken off the file?

A. — He cannot tell.

Q. — Have you the original letter now in your possession?

A. — He has not.

Q. — Did you ever conceive from my general conduct to ye officers
or people on board that they were under restraint, and not per-
mitted to offer an opinion?

A. — He never did.

Q. — Do you think that Doctor Byers at ye time ye men were
punished lay under such restraint as to deter him from giving his
opinion from any overbearing behaviour of mine?

A. — He does not think he was.

Q. — Do you not think that Dr. Byers was always allowed to give
his opinion?

A. — He thinks he was.

Q. — Do you think that in any part of ye voyage my conduct to
ye prisoners was brutal, or that I did not pay proper attention to
men in that situation?

A. — He thinks it was not brutal, but that he did pay proper
attention.

Q. — Whether, when at Rio Janeiro, was ye provisions ever wil-
fully detained being sent on shore to ye prejudice of the prisoners?

A. — It was not.

Q. — Did you ever hear of any man having been punished on ye
island by Mr. Byrne?

A. — He does.

Q. — Do you recollect how many men?

A. — He does not.

Q. — Do you know for what reason they were punished?

A. — He does not.

Q. — Was Mr. Byrne allways present?

A. — He cannot tell.

Q. — Do you think that Dr. Byers, as a professional man, con-
ducted himself with humanity towards ye prisoners?

A. — Not at all times.

Q. — Relate in what cases, and your reason for thinking so?

A. — Many of ye convicts that were ill and required his assis-
tance were afraid to speak to him. He generally observed him to
go down among ye prisoners with a stick in his hand, and some of
the women he has beat.

* Note 28.

HUNTER TO PORTLAND. 41

Q. — Do you recollect any woman in particular, and what was 1^91.

her name? 6 July.

A. — He does ; her name was Rose Riley. Uirv7~

Q. — Do you know the reason of his beating her? thewmduct

A. — He does not. of Captain

Q. — Did you ever hear ye Dr. refuse his attendance to the sick Dennott.
when called on so to do?

A. — He has observed him at times very dilatory.

Q.— Do you think he neglected his duty?

A. — At times he thinks he did.

Q. — Do you think that the wine and other articles given into
his charge for ye use of ye sick were given to them or perverted
to other uses?

A. — He can't answer that question, as he had a quantity of
those articles in his own cabbin.

Q. — Whether in the latter part of ye voyage, ye convicts' berths
being wet, was occasioned more from bad weather than any neglect
of duty?

A. — It was occasioned by bad weather, and not from want of
attention.

Q. l>y Dr. Beyers. — Did you ever see any other person except
myself put the number of lashes on ye slate?

A.— He did.

Q. — What was ye view of myself and others for putting ye
number of lashes on ye slate?

A. — Simply to count the number.

Q. — Do you conceive that ye reason of my marking them on the
slate was with a view simply to tell ye number, or do you sup-
pose it was done with a view of attending ye punishment as a
medical man?

A. — He does conceive it as a medical man.

Q. — With what view do you suppose ye other persons who marked
the number of lashes on the slate had?

A. — That they might not receive any more lashes than ye doctor
ordered.

Q. — Did you ever hear me order the men to receive any?

A. — He did not.

Q. — Who was the person that order'd them?

A. — Captain Dennott, with your approbation.

Q. — Do you recollect Captn. Dennott ever asking my approba-
tion?

A. — Except in the two instances already mentioned, he does not.

Q. — Do you recollect Captn. Dennott asking them (Kenney and
Tremble) has this man taken ye oath, and on their answering in
ye affirmative, did he not order them to be seized up without any
other questions, and to receive a certain number of lashes — some-
times 3. sometimes 400 lashes, as stated in the log-book?

A. — He does not.

Q. by Mr. Byrne. — The letter No. 3, do you consider it as of a
private nature, and did you always keep it as such?

A. — He considers it as of a private nature, and always kept
it as such.

Q. — Do you recollect that when you received that letter from
Captn. Dennott you read it to myself and to other persons, observ-
ing that from Captn. Dennott's letter he, and not ye surgeon, was
to be ye judge of the punishment of the convicts?

42

HISTORICAL RECORDS OF AUSTRALIA.

1797.
6 July.

Inquiry re
the conduct
of Captain
Dennott.

A. — He does not recollect reading it or making such an obser-
vation.

Q. — Do you recollect on ye letter being read my requesting you
not to mention it to ye doctor, as it was a great insult to him?

A. — I do not.

Q. by Captn. Dennott to Dr. Byers. — In what light was you to
be considered when on ye quarter-deck counting the lashes, and
whether you did not consider yourself on duty when present?

A. — He does not consider himself on duty, not being order'd or
consulted on that occasion.

Q. — Did any person supercede you in your office as surgeon on
ye days of punishments?

A. — Captain Dennott superceded me, as he did on all occasions.

Q. by Dr. Byers to Mr. Ricketts. — Do you recollect my giving
an opinion as to ye cause of ye death of Patt. Garnley, and what
that opinion was?

A. — That he did not die in consequence of ye punishment.

Q. — Do you believe No. 3 to be an exact copy of the letter you
received from Captn. Dennott at Cove?

A. — He does.

The original letter of No. 3 produced, when it appears that there
is a line or dash under ye word " you."

Q. by Captn. Dennott to Dr. Byers. — Did you conceive yourself
as acting as surgeon on board ye Britannia from London to
Port Jackson?

A.— He did.

Wm. Wharton, 2nd mate of ye Britannia, being duly sworn : —

Q. by Captn. Dennott. — Was you on ye quarter-deck ye days ye
prisoners were punished?

A. — I was.

Q. — Did you not hear me ask Dr. Byers whether ye men were
capable of receiving their punishment before it was inflicted?

A. — To almost every man I did, but being sometimes absent
from ye quarter-deck can't speak as to ye whole. In one instance,
in particular, he recollects Dr. Byers pointing out that a man of
the name of Grey could not take more than a hundred.

Q. — Do you recollect upon Brannon's being brought up a second
time to receive punishment my asking Dr. Byers whether he was
capable of bearing more punishment, and what was his answer?

A. — He does ; and his answer was that he could receive more.

Q. — Do you recollect any remark he made on ye man when
tied up, and what it was?

A. — He does ; that his hide was as tough as a bull's.

Q. — Doctor Byers did not express any fear of his from his
punishment?

A. — Neither by looks or expression.

Q. — Do you recollect my asking ye Dr. whether Stapleton could
receive any more punishment?

A. — He does not.

Q. — Do you recollect my asking ye doctor if Burke was capable
of receiving more punishment?

A. — He does recollect, and he was punished with ye doctor's
consent.

HUNTER TO PORTLAND. 43

Q. — What did the doctor say on this occasion? ^97.

A. — He said Burke was a dam'd rascal and scoundrel. 6 July.

Q. — Do you recollect, when the two Kennys were punished, the InquiZ^7
doctor observing that they could not receive 300, but might receive the conduct
200 lashes? of Captain

A.— He does not recollect it. Dennott.

Q. — Was the doctor present at the punishment?

A. — At most of them he was.

Q. — Was Mr. Byrne on the quarter-deck when ye punishments
were inflicted?

A. — He was.

Q. — Did not Mr. Byrne assist in ye punishment, as well as
himself and others?

A. — He order'd two of his men to assist, and took pleasure in
seeing how well his people made use of the cat.

Q. — Did Mr. Byrne assist in any other manner?

A. — Yes; he assisted me in tying on a piece of a hyde to a
stick, which was used as a cat.

Q. — Do you, on ye whole, consider Mr. Byrne as aiding and
assisting?

A. — He considers he was equally so with others.

Q. — Was you on ye quarter-deck when ye body of Patrick
Garnley was brought there?

A. — He was.

Q. — Do you recollect my sending for ye doctor to give his
opinion as to the cause of his death, and what was his opinion?

A. — He does. The doctor gave his opinion that he was a strong
muscular man, and that he did not conceive he died in conse-
quence of the punishment he received.

Q. — Do you recollect my applying to the doctor to see ye men's
backs dressed after punishment?

A. — He does recollect.

Q. — Do you recollect ye doctor's saying that he was afraid to
go among ye prisoners below, for he might get his throat cut?

A. — He does, and in consequence ye men were brought on the
deck to be examined.

Q. — Do you think that ye doctor paid proper attention to ye
men after they were punished, and in general?

A. — He does not think he did.

Q. — For what reasons?

A. — Because he had heard the women apply to him for medi-
cine and he has dam'd them ; and he has known ye doctor not
to go below for two or three days, and some men have applied
to him for plaisters, as they could not get any from the doctor.

Q. — Do you think the doctor's conduct towards ye convicts, as
a professional man, humane?

A. — He does not.

Q. — Do you believe ye necessaries for ye use of the sick put
under his charge applied to that purpose?

A.— Not all.

Q. — Can you mention any particular article misapplied?

A. — Sugar and wine was misapplied.

Q. — Do you believe Dr. Byers was ever prevented from giving
his opinion or making any application in consequence of any over-
bearing conduct on my part?

A. — Not that he ever saw or heard.

44

HISTORICAL RECORDS OF AUSTRALIA.

1797.
6 July.

Inquiry re
the conduct
of Captain
Dennott.

Q. — Was there any wilful neglect in sending ye provisions to
ye island?

A. — There was not.

Q. — Was not everything that was necessary for the use of the
people on ye island sent on application being made for them?

A. — There was.

Q. — Did you hear of any persons being punished on shore?

A. — He has.

Q. — By whose order?

A. — He supposed by the order of Mr. Byrne.

Q. — Do you recollect how many were punished there, and for
what?

A. — He does not know.

Q. — Were the prisoners' berths wet thro' any neglect or from
ye badness of the weather?

A. — Thro' ye badness of the weather and the leaking of the ship.

Q. — Was the ship caulked at Rio from the stern to ye forepart
of the main chains on both sides and part of the decks?

A. — It was.

Q. — Was ye ship on leaving Rio in good condition?

A. — It was.

Q. — Was my conduct to yourself and others in ye ship brutal
or deficient in humanity?

A. — It was not.

Q. — Do you not conceive I did everything in my power to make
ye situation of the convicts comfortable in proportion to their
good behaviour?

A. — You did.

Q. — What quantity of water was served to the convicts from
Rio to this port?

A. — Five pints, except on ye first day of punishment, and on
that day half that quantity owing to ye confusion of ye ship, and
on another day on ye doctor's representations he order'd water to
be served to them.

Q. from Mr. Burn. — Who order'd you to search ye doctor's parcel
when he was carrying some medicines from ye Brittania to another
ship?

A. — Captain Dennott.

Q. by Dr. Byers. — Do you conceive that the captain of a mer-
chantman has a right to punish and hang people, and to act as
he thinks proper?

A. — He does not conceive he has, without he had orders for so
doing.

Q. — Does Mr. Wharton recollect his having asserted a few days
ago ye very thing he now denies?

A. — He does not.

Q. — Previous to ye severe punishment, do you conceive Captain
Dennott asked ye advice of any gentleman how to act on ye occa-
sion— did he hold a consultation?

A. — He did not hold a general consultation.

Q. — Do you conceive ye captain acted on that occasion as he
thought proper?

A. — With ye consent of Dr. Byers, who hindered him from
flogging several men as much as he intended to do, he conceives
on that occasion ye captain did not act as he thought proper.

HUNTER TO PORTLAND. 45

Q. — Do you conceive that Captn. Dennott took ye whole respon- 1797.

sibility on himself? 6 July-

A.— He conceives he did. inquiry re

Adjourned to Friday, ye 16th inst. ofOa°ta?nt

Sydney, ye 16th. — The Court met pursuant to adjournment. Dennott.

John Jonston, boatswain of* ye Brittania, being duly sworn,
deposes : —

Q. — Was you on ye quarter-deck when ye men were punished?

A. — He was.

Q. by Captn. Dennott. — You assisted in inflicting ye punishment?

A.— I did.

Q. — Did I not ask ye doctor the number of lashes to be given,
and ye quantity the people were able to bear?

A, — You always did.

Q. — Do you think ye doctor assisted at ye punishment?

A. — He was there during the whole time.

Q. — Did you ever hear ye doctor encourage ye men that were
inflicting the punishment?

A. — I did, by hearing him say flog him hard and hit him fair.

Q. — Did he not sometimes call them villains and cut-throat
rascals?

A. — He cannot recollect.

Q. — Do you not think ye Dr. was as anxious to have them
punished as I was?

A. — I think he was.

Q. — Did I ever cause a lash to be given contrary to the opinion
of ye doctor?

A. — You never did.

Q. — Did I at that or any other time attempt to supercede him
as a surgeon, or act in that capacity myself?

A. — You never did.

Q. — Did any of ye prisoners faint under the lash ?

A. — Not one.

Q. — Was water given them after they were taken down, and
that frequently on that day?

A. — Always.

Q. — Was you on ye deck when the body of Patrick Garnley
was brought up?

A. — I was.

Q. — Did you not hear me send for the doctor?

A.— I did.

Q. — Did not ye doctor say he could not have died from ye
punishment, as he was a strong muscular man?

A.— He did.

Q. — Did you ever see anything in my conduct towards yourself
and ye officers, and particularly to ye Dr., that could lay them or
him under restraint so as to prevent giving an opinion?

A-. — I never did.

Q. — Was ye tenor of my conduct to yourself, officers, or convicts
tyranical or brutal during ye voyage?

A. — It was not.

Q. — Did not Mr. Byrne appear to you to take an active part in
inflicting the punishment, as well as myself and others?

A. — He did; he order'd his own men to inflict ye punishment,
and encouraged them in it.

46

HISTORICAL RECORDS OF AUSTRALIA.

1797.
6 July.

Inquiry re
the conduct
of Captain
Dennott.

Q. — Did not Mr. Byrne express great pleasure in punishing the
eul-prits ?

A.— He did.

Q- — When Brannon was punished ye second time, did not the
doctor say that " his hyde was as tough as a buffaloe's, and could
not be taken off," or words to that effect?

A. — He did say so.

Q. — When John Burke was punished ye second time, did not
ye doctor, when I acquainted him that ye prisoner was not able to
bear the punishment on that day, say that Burke was able, and
order'd him more lashes?

A. — He did. The man was crying out several times for ye doctor
for God's sake to let him down, for he was not able to bear any

more. The doctor replied, "You be dam'd, you ; you are

yet able to bear more."

Q. — Do you think ye conduct of ye doctor to be humane, and
that he paid that attention he ought to have done?

A. — He cannot say.

Q. — When at Rio, was not ye ship caulked and put into good
condition?

A. — It was.

Q. — Was not the ship well washed, cleaned, and aired, and
everything made comfortable before ye convicts came on board
from the island?

A. — It was.

Q. — Do you think there was any wilful neglect in sending ye
provision on shore to ye island?

A. — There was not.

Q. — Do you not think ye wetness of ye ship was occasioned by
ye weather, and not by any neglect ye latter part of the voyage?

A. — It was by ye badness of the weather.

Q. — Do you, as a seaman, and knowing ye risk of keeping the
hatches open in the gales of wind we met with, think ye tarpaulins
were unnecessarily kept on, or do you think they were ever kept
on to deprive ye prisoners of air?

A. — They were kept on for ye preservation of ye ship.

Q. — Do you not think ye prisoners were as humanely treated
by myself and officers as circumstances would admit?

A. — I think they were.

Q. — Did you ever hear or know me to deny them anything in
my power it was proper for me to grant, or in my power to give?

A. — I never did.

Q. by Mr. Byrne. — Did you not say to Captn. Dennott on ye

quarter-deck that you was never so used in any ship as this,

and that you would not proceed with him further than Botany
Bay?

A. — I did say so.

Q. — Did you ever say to the steward that Captn. Dennott and
himself were dam'd rascals, and that he would report their doings
on their arrival at Botany Bay?

A. — I never did.

Q. by Mr. Byers. — Did you ever say to the steward that he was
a damned rascal and thief, and that he cheated the convicts?

A. — He never did.

HUNTER TO PORTLAND. 47

John Gilbert, ship's steward, being duly sworn : — 1797

Q. hi/ Captn. Dennott. — When I first shipped you at Deptford 6 Julv-
what were my particular instructions to you respecting your con- inquiry re
duct as steward of ye ship? the conduct

A. — To behave with justice to all mankind, and not to let ye °f CaPtain
ship be a loser or the captn. a gainer.

Q. — Was you on ye deck part of ye time the punishment was
inflicted?

A. — I was, the chief part.

Q. — Did I not ask ye doctor the number of lashes they were to
receive, and what quantity they were able to bear?

A. — You did.

Q. — Did you ever see ye doctor encourage the people that were
inflicting the punishment?

A. — He did, and desired him to give them grog.

Q. — Do you not think the doctor assisted at the punishment, as
well as others on the quarter-deck?

A. — He did, and exerted himself as well as any of the officers.

Q. — Did I at that or any other time endeavour to supercede him
as a surgeon?

A. — You did not at any time.

Q. — Did I ever cause a lash to be given contrary to ye opinion
of ye doctor?

A. — Not to his knowledge.

Q. — Did any of the prisoners, within your recollection, faint
under ye lash?

A. — I never saw them.

Q. — Was not water given them, and that frequently, after they
were taken down?

A. — There was. I gave them some myself.

Q. — Was you on deck when ye body of Patrick Garnley was
brought up?

A. — I was.

Q. — On ye doctor's opinion being asked, did he not say his death
was not occasioned by his punishment?

A. — He said he believed he died from thirst.

Q. — In ye morning of that day, did I not ask you the reason of
the prisoners being thirsty?

A. — You did, and I told you ye reason proceeded from ye con-
fusion in ye ship, as they had had but half allowance.

Q. — Did I not order you to give them water immediately, and
did you not comply with that order?

A. — You did, and I gave them nearly double allowance.

Q. — What quantity of water was served daily to ye convicts
from Rio?

A. — From two quarts to five pints.

Q. — Did you ever see anything in my conduct, either towards
yourself or others, and particularly to ye Dr., that might prevent
giying an opinion?

A. — I never did.

Q. — Was ye tenor of my conduct to yourself or convicts either
tyranical or brutal during the voyage?

A. — I never saw you act tyranical to any man.

Q. — Did not Mr. Byrne appear to you to take an active part in
ye punishment?

A. — He certainly did ; he asked one if Strachan, one of his

48

HISTORICAL RECORDS OF AUSTRALIA.

1797.
6 July.

Inquiry re
the conduct
of Captain
Dennott.

men did not flog well; be answered that he would not chose to
come under his cat.

Q. — Did not Mr. Byrne order his own men to punish, and did
not he encourage them in it?

A. — He believes he did give ye order, but he is sure he
encouraged them.

Q. — Was you present at ye punishment of Brannon and Burke
ye second time?

A. — I was.

Q. — Did not ye doctor say that Brannon's hide was as touch
as a buff aloe's, and could not be taken off, or words to that
effect?

A. — I heard him say some words to that effect.

Q. — When John Burke was punished ye second day, did not ye
Dr., when I acquainted him ye pris'r complained he was not able
to bear ye punishment on that day, say that he was able, and
ordered him more lashes?

A. — I heard him say he was a strong, able man, and when ye
pris'r cried to him for his assistance he made him some abrupt
answer.

Q. — Do you think ye conduct of ye doctor to be humane, and that
he paid that attention to all description of persons he ought to
have done?

A. — I think he did not pay that attention he ought to have done.

Q. — Were ye articles served out by you to the Dr. for ye use of
the sick appropriated to that purpose or otherwise disposed of?

A. — They were not totally given to ye sick. Water he has
known his women to wash with ; wine, 2 casks, he converted
to his own use; the 1 qr.-cask he gave him (15 gall's of brandy)
from ye soldiers' store, for which he received a qr.-cask of wine,
which was issued to ye troops in lieu of brandy; the 2 qr.-casks
were taken out of ye hold in small casks, and was carried into Mr.
Byrne's cabbin and bottled off ; 1 cask of sugar I gave to Mr.
Byrne for the use of ye sick, which cask he believes was never
opened. A quantity of bottles of whiskey (five, he believes) for
ye use of ye sick, which he thinks was not given them. I asked
Mr. Byers how these articles were to be expended, who answered
as he thought proper; that he had friends at this place; that if
any deficiency should arise in his books he would see it made up.

Q. — Were not the prisoners in general afraid to speak to ye
doctor when they stood in need of his assistance?

A. — The men he cannot speak to, but ye women was afraid.

Q. — Did you ever know ye doctor refuse to turn out of a night
when called on?

A. — He has, particularly one of Mr. Byrne's men, who said he
should die ; he went to ye doctor with a light and told him ye man
was very bad ; the answer the Dr. gave him was that he was not to
be disturbed at all hours in the night.

Q. — When at Rio, was not the ship caulked and put in good
condition to perform her voyage?

A. — She was caulked and put in good condition.

Q. — Was not ye ship well washed, cleaned, and aired to make ye
prisoners comfortable when they returned on board from ye island?

A. — It was well washed.

q. — in carrying ye provisions to ye island, did you not go to
serve them out?

HUNTER TO PORTLAND. 49

A. — In general be did. !797.

Q. — Did you not get ye provisions for ye island as early as 6 July,
possible? T

4 . T ,. , Inquiry re

- L- — A aia- the conduct

Q. — Were ye convicts served anything for breakfast previous of Captain
to their getting their fresh provisions? Dennott.

A. — I believe they were, for the casks were expended.

Q. — Do yon know whether Mr. Byrne punished any men on ye
island?

A. — He saw him punish one. and others were punished.

Q. — Was the doctor present at the time?

A. — He was not present.

Q. — Do you know for what reason they were punished?

A. — 1 do not.

Q. — When ye prisoners on ye former part of the voyage applied
for something for brexfast, did I not order you to serve them out
oatmeal, and did not you obey that order?

A. — Captain Dennott order'd ye ration to be altered for ye
better, and I complied with his order.

Q. — Did 1 not alter ye salt provisions for their comfort, that
they might have it four days instead of two?

A. — Instead of giving them 8 pounds on ye Tuesday, he gave
them four, and four on Saturdays. The pork was served 3 lb.
on Thursdays and Sundays, and ye other ration was so divided
as to make it more comfortable for them.

Q. — Was there not always plenty of fire allowed for ye purpose
of cooking ye convicts' victuals?

A. — There was as much as they chose to go for, and staves
of beef and pork casks.

Q. — In all my orders to you respecting ye convicts' victuals, did
I not order you to be careful that they had their allowance?

A. — You did.

Q. — Has any of ye convicts' victuals been appropriated to my
use ?

A. — No, except a little bread ye latter part of ye voyage.

Q. — Do you not think ye wetness of ye deck proceeded more
from the weather than neglect?

A.— He did.

Q. — Do you think ye tarpaulins were unnecessarily kept on,
so as to deprive the prisoners of air, or for ye preservation of the
ship?

A. — For the preservation of the ship.

Q.— Do you think the prisoners were treated humanely by me as
far as circumstances would permit?

A. — I think and am sure they were.

Q. — Did you ever know ye prisoners denied anything that was
in my power to give and proper for me to grant?

A.— I never did.

Q. — Did I ever offer you anything for coming forward in this
business, or did I ever endeavour to bias your opinion?

A. — You never did.

John Kenney, a convict, being duly sworn : —
Q. by Captn. Dennott. — Was you on shore at ye island?
A. — I was there for three weeks.
Q. — Was you there when any men were punished?
I . — I was.

Ser. I. Vol. TI— D

Inquiry re
the conduct

50 HISTORICAL RECORDS OF AUSTRALIA.

1797. Q' — Do y°u k*iow for what they were punished?

6 July. A. — For breaking a canoe.

Q. — Who ordered, ye punishment?

A. — I cannot tell,
of Captain Q. — Who was present at ye punishment?

Dennott. 4.— Mr. Byrne.

Q. — Was the doctor present?

A. — He was not.

Q. — Were not two other men punished?

A. — Only one.

Q. — Who was present at ye punishment?

A. — Corporal Franklin, and he thinks it was ye corporal order'd
it.

Q. — Was ye doctor present?

A. — He was not.

Q. — How did you conceive yourself to be treated by me?

A. — Very well treated.

Q. — Did you ever hear of my having ill-treated ye prisoners?

A. — I never did.

Q. — Was ye doctor in ye main hatchway, where you was, suffi-
ciently attentive?

A. — During ye first part of ye voyage ye doctor was often among
ye prisoners ; but from Rio to Sydney not more than three or four
times.

Q. — Were ye people sickly in ye main hatchway from Rio to
Sydney?

A. — Four were sickly.

Q. — Did ye doctor ever ill-treat any of ye prisoners before for
threatening to complain to the captain of him?

A. — He did ; he struck one, and told him if he had any com-
plaints to make he must make them to ye Governor, and not to
ye captain.

Q. — Did Captain Dennott treat the prisoners with cruelty and
inhumanity?

A. — He never did.

Q. — Was any plot formed to take ye ship?

A. — There was, and he thinks it was dropped; but ye captain
and officers were ignorant of that circumstance.

Q. — Did I ever offer you any reward to come forward, or attempt
to bias your opinion in this business?

A. — You never did.

Mr. Froome, 3rd mate of the Britannia, being again duly sworn —
the original letter of No. 3 being shown to Mr. Froome : —

Q. b)j Mr. Byrne. — Do you remember that letter being received
by Mr. Ricketts?

A.— I do.

Q. — Do you remember it being publicly read in ye cuddy by Mr.
Ricketts?

A.— I do.

Q. — Do you remember my requesting Mr. Ricketts to keep it a
secret from Mr. Byers as it was a gross insult towards him?

A.— I do.

Q. — Do you conceive Mr. Ricketts acted as judge in punishing
any convicts, as desired by Captain Dennott?

.4.-1 do.

HUNTER TO PORTLAND. 51

Q. — Do you conceive that Captn. Dennott has perfectly adhered 1797.

to ye principles which is laid down in that letter respecting the 6 July.
punishment of convicts? Inquiiyre

A. — I do. the conduct

Q. — Did you ever know that Captn. Dennott objected to any of Captain
men ordered out of irons by Dr. Byers as necessary to ye preser- Dennott-
vation of their lives?

A. — He has.

Q. — Do you recollect my asking Captain Dennott's advice respect-
ing ye punishment of Jas. Brown at ye island for seizing the
sentinel's arms, and how I asked it?

A. — Mr. Byrne was absent when ye affair transpired. I saw
Brown seize ye musquet, for which I struck him and order 'd him
in irons. On Mr. Byrne's return I represented the affair to him.
Mr. Byrne desired me to acquaint Captain Dennott with ye cir-
cumstance, and to ask him how he should act. On my acquainting
Captain Dennott of it, he desired me to tell Mr. Byrne he might
act as he thought proper respecting ye punishing the convicts at
ye island.

Q. — Do you conceive Captn. Dennott paid that attention to the
victualling the soldiers and convicts on ye island which his situa-
tion bound him to perform?

A. — He does not conceive he did.

Q. — In what respect did he neglect the victualling those people?

A. — In respect to his not sending the victuals at a proper time,
ye boats being otherwise engaged.

Q. — How were those boats engaged?

A. — In Captain Dennott's business.

Q. — Do you remember that ye troops and convicts on ye island
were without water when that on ye island was reported by Dr.
Bvers as unfit for use?

A.— I do.

Q. — Do you conceive that that neglect arose from Captain
Dennott's employing the boats for his own private trade?

A.— I do.

Q. — Do you know if any convict women were treated unmer-
cifully by Captain Dennott personally, and by Wharton, whom
Captain Dennott ordered?

A. — In many instances he conceives they were.

Q. — State to ye Court what you know respecting the cruelties
exercised on the women individually? •

A. — In ye first place, one woman of the name of Jenny Blake,
whose hair Captain Dennott himself cutt off, and gaged her, after
having first cruelly beaten her with a cane over ye back, shoulders,
and face, afterwards ironing her with both legs and chaining her
with a chain ; from the weight of irons, she complained to me
that she was not capable of going to perforin necessary occasions.
In ye second place, a woman of the name of Mary Fane, who,
from the uniformity of her good conduct, had been countenanced by
every officer on board, was confined in ye neck-yoke, put up for
that purpose, for two hours, for a crime which decency alone
induced her to commit. In ye third place, the women in general
I've seen punished with three and four dozen at the bulkhead with
a cane, ironed, and shaved for many trivial offences.

Q. — Do you remember my representing to Captn. Dennott ye
cruelty of his conduct in putting Mary Fane in ye neck-yoke?

52 HISTORICAL RECORDS OF AUSTRALIA.

1797. A.— He does. One day, at dinner, after Mr. Byrne representing

6 July. ye necessity for every woman of decency to act in that manner,
. Captain Dennott then said he was captain, and that he would put

Inquiry re .... , x '

the conduct her in the yoke.

of Captain Q. — Did not Captn. Dennott say that should I represent it to

Dennott. Government he did not care a damn, that he was agent for ye

ship, and that he would act as he thought proper, and said I had
no right to interfere with him and the convicts?

A. — He did ; and to which Mr. Byrne replied that he should
mark it in his journal that Captn. Dennott he made no doubt
had the interest of his owners at heart, and that he likewise had ye
interest of his king and country.

Q. — What do you imagine was ye cause of Mary Coggar putting
an end to her existence?

A. — From the threats of ye preceeding night that was pub-
lickly held out by Captn. Dennott.

Q. — Do you conceive that from the tenor of Captain Dennott's
conduct, exclusive of ye infamous letter he wrote, that Dr. Beyer
conceived himself despised on board in his capacity of surgeon?

A. — From ye whole tenor of Captn. Dennott's conduct. I con-
ceive he did.

Q. — Did Captain Dennott make use of any improper expressions
on the quarter-deck in Mr. Byers official capacity?

A. — Captain Dennott once mentioned to me that he conceived
Dr. Byers the same as a ship's steward, for that they both equally
belonged to the ship, and that he would be damned but he would
let him know so, which I believe I mentioned to Dr. Byers. The
Dr. has frequently lamented to me that he was not allowed to
have an opinion of his own as a surgeon.

Q. — What reason do you suppose Captn. Dennott had for making
use of such expressions on ye quarter-deck?

A. — I can't pretend to say.

Q. — Had you from Rio the charge of a watch?

A.— I had.

Q. — Did Doctor Beyer ever apply to you when officer of the
quarter-deck to give orders for his medicine-chest to be cleaned,
and to put those obstacles out of his way which almost continually
retarded him in the execution of his duty?

A. — He did, very frequently.

Q. — Were any particular articles applied for to be removed?

A. — The Dr. frequently told me that his chest was lumbered
with sails and cordage, which I've seen myself.

Q. — Did you ever observe that ye many inconveniences Dr. Byers
laboured under were laughed at by Captn. Dennott?

A. — I have.

Q. — Have you any reason to think Dr. Beyer relaxed in his duty
respecting the sick and feeble on board?

A. — I do not. I imagine him to have been very assiduous.

Q. — Do you conceive that his Majesty's stores that were in
Captn. Dennott's care to have been embezzled?

A. — I have known two firkins of butter marked G.R. to have
been sold.

Q. — Did the steward know anything of it?

A. — He did ; he was the person that sold them.

Q.— Do you conceive any other provisions to have been em-
bezzled ?

HUNTER TO PORTLAND. 53

A. — 1 do; beef, pork, and whiskey. 1797.

Q. — Did Captn. Dennett ever attempt to sell any of his Majesty's 6 July.
stoves that was put on hoard for ye use ot the convicts V , .~~"

A. — He did. I saw ye man to whom he wanted to sell it. I thecpnduct
saw G.R. erased out of one cask. I received orders from Captu. of Captain
Dennott to get nine casks of flour marked G.R.. and I've known Dennott.
two samples to have been taken out by the cooper for Captn.
Dennott.

Q. — Was Captain Dennott's name in ye place of G.R. ordered
to be put on the casks?

.1. — It was, but never executed.

Q. — Did the steward know of this transaction?

A. — The steward erased the G.R. himself.

Q. — Did you ever receive any complaints from the convicts when
yon went among them on duty?

A. — Frequently, as to ye badness of bread, the small allowance
of wheat, the want of water, the dampness of ye berths, all which
complaints, to the best of my recollection, I told Captn. Dennott.

Q. — Were those complaints redressed?

.1. — They were not.

Q. — Did you ever show Captn. Dennott ye small allowance of
meat?

A. — I did. twice and more, thro' Mr. Byrne.

Q. — Do you conceive that ye convicts were allowed five pints of
water daily, or short of four pints?

A. — I, myself, calculated ye whole allowance of each prison,
and ye number of buckets served out was adequate to four pints
a man.

Q.— For what reason ye soldiers obliged to sell their pease and
oatmeal for one gill of whiskey each?

A. — I imagine from the want of water to boil their pease and
oatmeal.

Q. — Was any additional water allowed to boil their pease and
oatmeal?

A. — None.

Q. — Does it not appear strange to you that ye convicts should
be allowed five, and the soldiers only four pints of water?

A.— It does.

Q. — Were not many water-casks broke up for ye convenience
of stowing Captn. Dennott's private investment, amounting to
about GO tons, which ought to have been filled at Rio, for the
benefit of the troops and convicts?

A. — Many casks were broke up, but what number can't tell.

The Court adjourned to 11th.

The Court met pursuant to adjournment.

Francis Cox, a convict, being duly sworn : —

Q.. bii Mr. Byrne. — Was you ever punished at Rio?

.1. — I was.

Q. — Was your punishment severe?

A. — It was.

Q. — Was Doctor Byers present?

.1. — He was not.

Q. — Was you flogged into and out of a fainting fit?

A. — He was flogged into a fit, and, he understood from his com-

54

HISTORICAL RECORDS OF AUSTRALIA.

1797.
0 July.

Inquiry re
the conduct
of Captain
Dennott.

pauions, out of it, and when he recovered he found himself still
under punishment.

Q. — Was you flogged on account of a plot to take ye ship?

A. — I was.

Q. — Who ordered you to be flogged?

A. — Captain Dennott.

Q. — Did he order you to receive 300 lashes, and when you had
received them did he say you should have 300 more?

A.— I received 300 lashes, and Captn. Dennott told me I had
received but half my punishment.

Q. — Did he (Captn. Dennott) ever consult ye Dr. on your
punishment?

A. — Not to my knowledge.

Q. — Did you ever hear your companions that were punished
complain among themselves that their punishment was cruel, and
that it was' hard to be punished so severely without ye advice of a
surgeon?

A. — He heard his companions say that they never heard of
so severe a punishment without ye assistance and advice of a
surgeon.

Q. — Was Doctor Byers's attention to the sick humane, and
constantly so?

A. — He attended when sent for, and frequently when not sent
for, and that his conduct was humane.

Q. — Do you conceive that ye Dr.'s orders were frequently not
complied with, and in what respect they were not attended to?

A. — I do, for he frequently ordered us water and vinegar, which
was not given us.

Q. — Did you ever hear the Dr. complain that his orders were
not attended to, and said he felt for them?

A. — The doctor came down to us, and frequently lamented
that ye things he had ordered us were not given, and when he sent
to ye steward for vinegar, he said, " the doctor."

Q. — Do you conceive that the same rice given you at the begin-
ning of the voyage was allowed you from Rio?

A. — He does not — that the rice was full of gravel, and ye blacks
refused it.

Q. — Were you under ye necessity of selling your soap for bread?

A. — I gave my soap to ye steward, and expected bread in return,
but never got any.

Q. — Did you ever know any whiskey out of the hold sold to ye
prisoners ?

A. — I got a small quantity from a man of the name of Ward,
who informed me he had given two shillings for it to ye steward,
and that he himself saw it brought from the hold.

Q. by Captain Dennott. — What was you punished for at Rio?

A. — For attempting to escape from ye ship.

Q. — Did you not cut your irons?

A. — I did not. but they were cut.

Q. — Was you not picked up in the water?

A. — I was.

Q. — Had you not some cloathes and bread?

A.— I had.

No. 5 was read to ye witness, and he swears ye contents is true.

Q. — How do you know I gave Stapleton and Brannon orders to
come ou deck?

HUNTER TO PORTLAND. 55

I. — I saw him give the orders. 2797.

Q. — Do you know for what reason they were ordered on deck? 6 July.
A. — He imagines to be put on ye long chain. _ ." '

Q. — Was the doctor present when you was punished ye last time? the conduct

A.— He Was. of Captain

Q.— Was Mr. Byrne present? Dennott.

A.— I can't tell.

Q. — Do you conceive ye whiskey sold was by my orders?

A. — He can't tell, for he conceives Captain Dennott would not
give such an order.

John Rutlidge, a convict, being duly sworn : —

Q. by Mr. Byrne. — Was you punished for the plot?

A. — I was.

Q. — Who order'd you to be punished?

A. — Captain Dennott.

Q. — How many lashes did you receive?

A. — Three hundred lashes.

Q. — Was Doctor Byers present at ye punishment, and was he
consulted ?

.4. — He was present, but was not consulted, to the best of his
knowledge.

Q. — Did you ever hear any of your companions that were pun-
ished complain that the punishment was cruel, and that it was
hard to be punished so severely without ye advice of a surgeon?

A. — I did, and he heard some of ye soldiers say that it was
very hard to see such murder going on without consulting the
Dr. as to their being able to receive it.

Q. — Was Doctor Byers' attention to the sick constant and
humane?

A. — It was; he came constantly down, and complained and
lamented that it was not in his power to do anything for us — that
his heart bled at ye situation he saw them in.

Q. — Did you ever hear Dr. Byers complain that his orders were
not attended to?

A. — I did. I have heard him give orders to ye steward to give
us water and vinegar, and ye steward replied, when his back was

turned, " the doctor," and he would give neither one or the

other.

Q. — Were you under ye necessity of drinking your own urine?

A. — I was.

Q. — How much water did you receive from 9 on the one morning
until 7 ye next morning?

A. — About one quart.

Q. — Was you in the fore-hatch?

-4. — I was.

Q. — Did you ever see me come down among you and commisser-
ate your distressed situation?

A. — You did.

Q. — Were any complaints made to me?

A. — There was. Koman complained that their grog was stopped,
and that we wanted some more water.

Q. by Captn. Dennott to Mr. Byrne. — Were those complaints ever
reported to me by you?

A. — They were not, because I had every reason to believe that
the captain would think me officious, having before told me that
I bad no business to interfere with ye convicts.

56 HISTORICAL RECORDS OF AUSTRALIA.

1797 James Brady, convict, being duly sworn : —

6 July- Q. by Mr. Byrne. — Was you punished on account of the plot?

Inquiry re **.. 1 was.

the conduct Q. — Who ordered you to be punished?

DeSnottin 1.— Captain Dennott.

Q. — How many lashes did you receive?

A. — 300, and he told me I was to receive 300 more ye next
day, but I did not receive them.

Q. — Did Captain Dennott tie up and take you down without
consulting the doctor as to the number of lashes you was to
receive ?

A. — The Dr. was not present at ye time I was punished.

Q. — Did you ever ask Captn. Dennott for a drop of water after
you was punished, to cool your tongue?

A. — I did in ye middle of ye punishment, and after punish-
ment, but could get none. The captn. then order'd me to be taken
down, and during ye punishment the captn. was smiling, and
when I asked for a drop of salt water he told me I should have
none, and on my saying I should die, he replied, " Die and be
damned."

Q. — Did you ever hear your companions that were punished
complain among themselves that ye punishment was cruel, and
that it was hard to be punished so severely without ye advice of a
surgeon?

A. — I did hear them complain that they were punished without
ye advice of ye surgeon, and of ye hard usage they got before
and after punishment.

Q— Was Doctor Byers' attention to ye sick humane and con-
stant?

A. — It was humane, and but for him and Mr. Froome himself
and others would have expired; that on speaking ye sentinel
threatened to shoot them.

Q. — Do you conceive that ye steward sold any of H.M. stores
to ye convicts for money?

A. — He sold bags of bread, cheese, spirits in ye ship, and butter,
pease, and pork in ye island.

Q. — Did ye steward give bread to ye convicts for their soap?

A. — He gave rotten bread for ye soap.

Q. — What quantity of water did you get daily from Rio?

A. — Sometimes one quart and half-pint, sometimes three pints.

Adjourned to Monday, ye 19th.

The Court met pursuant to adjournment.

Bryan Egan, convict, being duly sworn : —

Q. by Captain Dennott. — Did vou act as cook in ye island of Rio?

A.— I did.

Q. — Did ye prisoners feel any inconveniences from the want of
provisions or water?

A. — They did not, for I gave them some provisions before ye
steward came with their rated daily allowance.

Q. — What number of prisoners were punished in the island?

A. — He believes six or seven.

Q. — Was ye doctor always present at ye punishment?

A. — I did not see him there.

Q. — Was you on ye quarter-deck ye time ye prisoners were
punished ?

HUNTER TO PORTLAND. 57

1707.

.1. — I was at ye time Burke and Horse were punished.
Q. — Did ye doctor give his opinion as to ye number of lashes they 6 July,
were able to bear? inquiiT^

A. — He did give his opinion on being asked by ye captain. the conduct

Q. — Was you on deck at ve time the body of Patrick Garnley of Captain

Was brought Up? Dennott.

A. — I was.

Q. — Did you hear ye Dr. say that he could not have died from
ye punishment he received, as he was a strong man, or words to
that effect?

A. — He heard him say he was a strong man.

Q. — Did you ever know me act with cruelty or inhumanity to
any of ye prisoners?

A. — At ye time we were detected in ye conspiracy we were
healthy and well treated, and did not wish to be better used than
we were by the captain.

Q.— Can you say anything respecting ye doctor's treatment of
ye prisoners after they were punished?

A. — He went down at different times, as well as ye man under
him.

Q. — Did you ever hear any of ye prisoners complain of ye
doctor's want of humanity?

A. — Some did. and some did not.

Q. — Was not ye dampness of ye prison more owing to bad
weather than to neglect?

A. — The weather was bad, and I saw men ordered down with
scrapers to keep it clean every day.

John Brown, convict, being duly sworn : —

Q. by Captain Dennott. — In what situation was you at ye time
you was accused of taking the sentinel's arms? Was you drunk or
sober ?

A. — I was in liquor.

Q. — Was you flogged for it?

-i. — I was.

Q. — Was ye doctor present?

A. — He was.

Q. — Were ye births kept clean during the voyage?

A. — Mr. Froome came down every day and order'd them to be
cleaned.

Q. — Was ye doctor often down from Rio to Sydney Cove?

A. — He was six or seven times down.

Q. — Who dressed ye prisoners' backs?

A. — Sometimes Sandford, an old man, dressed them, and some-
times they dressed their backs themselves.

Q. — How many days before our arrival did Mr. Byrne go down
among the prisoners?

A. — He went down after we made ye land.

-Alary Bryan, being duly sworn : —

Q. hi/ Captain, Dennott. — Did you miscarry on board ve ship?

A.— I did.

Q. — Relate to ye Court in what manner you was treated by Dr.
Byers on that occasion?

A. — 1 was treated very badly by him. I was sick for three
months, and he did not give me anything during that time except
half a glass of wine. 1 sent Peg Leary for a drink of water, and

Inquiry re
the conduct

58 HISTORICAL RECORDS OF AUSTRALIA.

1797. lle toltl her that lie would kick her. The captain sent me a bottle

6 July. of wine and water, and but for that I should not have been alive.
Q. — When you applied to ye doctor for modi cine, did he not
damn you for a bitch?
of Captain" A. — He did; and did not give me any medicine, nor did he give

Dennott. me any wjne after I miscarried.

Q. — Do you know Mary Cogan?
A.— I do.

Q. — Do you think by any illusnage of mine I was ye cause of
her throwing herself overboard?

A. — You was not, for she was always deranged.

Q. — Was she not a woman of bad character?

A. — She was ; she attempted to cut her own throat.

Henry James Purcell, a private soldier of N. S. Wales Corps,
being duly sworn : —

Q. oy Captn. Dennott.- — Was you on ye quarter-deck during the
time of punishment?

A. — I was ye greater part of the time.

Q. — Did I not ask ye doctor as to ye quantity of lashes each
man was able to bear?

A. — Some discourse passed between the doctor and captain, but
cannot say what.

Q. — Do you recollect ye two Kellys being punished, and did
not ye doctor say that they had been sickly on ye island, and
were not able to bear 300 lashes, but were able to bear 200 lashes?

A. — I do recollect it.

Q.— Do you recollect Brannon's being tied up a second time?

A.— I do.

Q. — Did you hear the doctor say his hide was tough?

A.— I did.

Q. — Did you ever hear the doctor encourage the men to flog hard?

A.— I did not.

Q. — Did you ever hear that I attempted to supercede him as
a surgeon?

A. — I never did.

Q. — Was you on deck at ye time the body of Garnley was brought
on deck.?

A.— I was.

Q. — Did you hear the doctor say he did not die in consequence
of ye punishment he received?

A.— I did.

Q. — Was my conduct to you or to any other person on board
brutal or inhuman?

A. — It was very humane.

Q. — Did you hear any complaints against ye captain by the
soldiers?

A. — I did not.

Q. — Was Mr. Byrne on deck during the punishment?

A. — Sometimes he was.

Q, — Did Mr. Byrne appear to be active in the punishment?

A.— He did.

Q. — Was Brown drunk at ye time he seized the sentinel's arms?

A. — He was.

Q. — Did you, the troops, or convicts suffer on ye island for
want of water or provisions?

HUNTER TO PORTLAND. 59

A. — They did not. !797.

Q. — Did ye troops or convicts complain that ye provisions were 6 July.
not sent to ye island at a seasonable hour? -777"

A.— One day they did. the conduct

Q. — Did you ever hear Mr. Byrne complain of any ill-usage or of Captain
neglect of ye troops by Captn. Deimott? Dennott.

A. — I do not recollect I did.

Q. — Was the conduct of ye doctor humane to the sick?

A. — I cannot say.

Q. — Was Thos. Mancell, a private, paid proper attention to by
the doctor?

A. — I think not.

Q. — Was not a man very ill of ye liux. and was he not ordered
on deck to be washed by cold water, and by whom?

A. — He was ordered to be washed by ye doctor.

Q. — How long did the man live after being washed?

A. — He died the next day.

Q. — In what manner was he buried — was any prayers used over
him?

A. — He was thrown overboard without ye usual prayers.

Q. — Did you ever know ye tarpaulins unnecessarily kept on, and
whether ye lee side was not always kept up to give air to ye
prisoners?

A. — I never did, unless when necessary.

Q. — Was any tarpaulins on ye hatch ye first night of ye day of
punishment?

A. — There was not.

Q. — Did you ever hear ye prisoners at the main hatch complain
of thirst?

A.— I did not.

Q. — Was you ever offered any reward by me to come forward,
or did I ever attempt to bias your opinion?

A. — You never did.

Thomas Franklin, corporal of N. S. Wales Corps, sworn : —

Q. by Captn. Dennott. — Was you on ye quarter-deck at ye time
ye people were punished?

A.— I was looking over the bulkhead.

Q.— Did you hear ye Dr. asked as to the quantity of lashes
the men were able to bear?

A. — I saw ye doctor with a slate in his hand taking down we
number of lashes they received.

Q. — -Do you not conceive the doctor as much concerned in ye
punishment as myself?

A. — I think he was.

Q. — Did you ever know me to supercede ye doctor as a surgeon?

A. — I never did.

Q. — Was you on deck when the body of Garnley was brought
on deck?

A. — I was.

Q. — Did Mr. Byrne appear to you to take an active part in ye
punishment?

4- — He did ; he ordered ye party up two days, by Mr. Byrne's
orders.

Q. — Did not Mr. Byrne order his own people to punish and
encourage them in it?

A. — He did order two men to punish.

60

HISTOEICAL RECORDS OF AUSTRALIA.

1797.
6 July.

Inquiry re
the conduct
of Captain
Dennott.

Q. — When Burke was punished the second time, was you on
deck?

A. — I was.

Q. — Did the Dr. say he could bear more lashes?

A. — He did, and said he should have his punishment ye next day.

Q. — Was my conduct to you or ye troops tyrannical or inhuman?

Q. — It was not; any favour I asked was always granted.

Q. — Was the doctor's conduct to ye sick humane?

A. — I think it was not.

Q. — Was ye Dr.'s orders in throwing water on Mancell ye cause
of his death?

A. — He thinks it was.

Q. — In what manner was he buried, and was prayers read
over him?

A. — lie was thrown overboard, but ye weather was so rough
as to render it impossible to read prayers over him. Mr. Byrne
regretted that it could not be done.

Q. — Did you ever know ye tarpaulins unnecessarily kept on?

A. — I never did.

Q. — Was not ye wetness of the prison occasioned more by bad
weather than neglect?

A.— It was.

Q. — Was not two men appointed to keep ye prisons and hatches
clean ?

A. — There was.

Q. — Did I ever offer you any reward or bias your opinion in
this business?

A. — He never did.

Mr. Wharton. 2nd mate of Brittannia. recalled : —

Q. by Captn. Dennott. — For what reason was Jenny Blake put
in irons?

A. — For attempting to throw herself overboard.

Q. — Did I not stop her throwing herself overboard?

A. — You did. She abused you very much, and in consequence
you cutt her hair off. caned her, and put her in irons.

Q. — Did I not always give you frequent and proper orders to
keep ye prisoners dry and clean, and did you obey those orders?

A. — You did. and I obeyed them.

Q. — Did I not often complain to you of Mr. Froome's want
of attention to his duty?

A. — You did.

Q. — Do you think those complaints originated from private
picque or malice, or thro' my situation as commander of ye ship?

A. — Not from private picque, but as commander of ye ship.

Q. — Was not Mr. Froome in general the officer ordered to see
the prisoners kept clean?

A. — He was.

Margt. Leary, being duly sworn : —
Q. by Captn. Dennott. — Did you know Mary Cogan in Dublin
Gaol?

A.— I did.

Q. — Did she attempt to hang herself there?

A. — She did twice, from wickedness.

Q. — Was I ye cause of her throwing herself overboard?

A. — You was not.

HUNTER TO PORTLAND. 61

(). — Was she a woman of bad character? 1797

A. — Very bad. 6 July.

John Burke, a convict, duly sworn : — Inquiry re

the conduct

Q. by Captn. Dennott. — Did not, when you was tied up ye second of Captain
time, the Dr. order you the remaining punishment? Dennott.

A — He did.

Q. — Did you complain that you was not able to bear ye punish-
ment to ye Dr., and what did the doctor reply?

A. — I did. He said I could bear it, and in consequence I received
it.

Q. — After I ordered you down, did not ye doctor order you
eight lashes more?

A.— He did.

Q. — Was you carefully attended after punishment by ye doctor?

A. — I was not carefully attended by the doctor.

Q. — Were ye other persons that were flogged properly attended
by the doctor?

A. — They were not.

Q. — Did ye doctor often come down among you?

A. — Three or four times in nine weeks.

Q. — Were there any bad smells among you?

A. — There was for want of attention in the doctor.

Q. — How many days before ye ship came into Sydney was Mr.
Burne down among you?

A. — Since we made the land.

Q. — Was there any other bad smells than from ye backs of the
men punished?

A. — There was.

Q. — Did any persons make any complaints to Mr. Burne?

A. — They complained for the want of their grog.

The Court adjourned to ye 21st.

The Court met pursuant to adjournment.

Two letters read by Captain Dennott, No. 6 and 7.

Adjourned sine die.

[Exhibit No. 1.]
Surgeon Balmain to Mr. Beyer.

Sir, Sydney, 1st June, 1797.

It having come to the Governor's knowledge that several
of the convicts have died on board the Britannia in consequence
of the severe punishment inflicted on them, I am commanded by
his Excellency to desire that you will state to me what, according
to the best of your judgment, you believe to have been the cause
of the death of the several convicts under your inspection, and
also whether you consider their treatment in general throughout
the voyage to have been proper and suitable to the intention of
sending them hither in health and safety. I am, &c,

Wm. Balmain,
Surgeon to the Settlem't.

62

HISTORICAL RECORDS OF AUSTRALIA.

1797.
6 July.

Inquiry re
the conduct
of Captain
Dennott.

[Exhibit No. 2.]
Mr. Beyer to Surgeon Balmain.

Sir, Sydney, 2nd June, 1797.

I have been honored with yours of the 1st instant, desiring
me to state to you, for the information of his Excellency
Governor Hunter, whether I can impute the death of several con-
victs who were punished on board the Brittannia, transport, to the
severity of the punishment inflicted, and likewise to assign (to
the best of my judgment) the reasons of the death which hap-
pened in the course of the voyage from Ireland, and whether the
treatment has in general been suitable to the intention of sending
them hither in health and safety.

In reply to the first question, I have to observe the death of six
convicts is imputed by me to the severity of punishment, having
received more lashes than was consistent with the state of weak-
ness in which they at that time laboured under, from the many
inconveniences which attended the previous part of the voyage;
and I hereby declare, upon my honor, I was not consulted respect-
ing the punishment of any of the convicts except one or two,
which I can hereafter mention verbally, should his Excellency
require it.

Secondly, nine convicts died of various complaints; some of
them fell a sacrifice to the scurvy, flux, and debilitation. Several
of aforesaid complaints proceeded from want of cleanliness in
apparel, continual wetness in their berths, foul air, bad water (as
the ventilators and water-sweetners sent on board by Government
for that purpose were not made use of), in consequence of which
a number of their beds and bedding and some of their cloathing
were destroyed, and obliged to lay without beds.

On our arrival at Rio de Janeiro, I reported to Captain Den-
nott the state of the troops and convicts, pointing out the means
requisite for their recovery (a copy of said letter I have annexed),*
which was complied with in as far by landing them after the
arrival of a week, by granting them fresh provisions four times
in the week, some fruit and vegetables only on said meat-days.
Lieut. William Burne, finding that Captain Dennott did not
chose to comply with my request, thought proper to grant the
troops under his command fresh provisions daily, and which was
highly requisite for the recovery of their health.

Before I conclude, to prove to his Excellency how far my advice
was to be considered requisite for the punishment of any culprit,
I herein inclose a copy of a letter* written by Captain Dennott
previous to his sailing from Ireland, to which I beg his Excel-

Note 29.

HUNTER TO PORTLAND. 63

leney will pay particular attention, and I am sorry to observe that 1797.

the whole of his conduct with regard to me in my official capacity u7.'

has all along coincided with the tenure of his letter. the conduct

I have, &c,

Augustus Beyer,

Superintending Surgeon.

of Captain
Dennott.

[Exhibit No. 3.]

Captain Dennott to Mr. Ricketts.

Dear Sir, Cove, 21st November, 1796.

As the convicts will be on board to-day or to-morrow, I
shall just mention a few points to which I must beg you will pay
particular attention: — That there may be a constant guard kept
over them during the day, and that one officer with ten armed
men strengthen that guard during the night; that no boat be
allowed to come 'longside of the ship with things for sale, but
what is searched very strictly; that no weapon of any kind be
brought into the ship; and that every loaf of bread that may be
brought on board for the convicts be either cutt or broken in two,
least any files, knives, or anything of that kind be concealed
therein, as has been the case at this place before; that due and
particular care be paid in keeping them clean below, and that an
officer be always ordered on that duty, and see that any scrapers
or brooms or other utensils be handed up again; that their beds
be ordered on deck every morning, without it should be very bad
weather to prevent it; and when the convicts are on deck that
they are to be chained to the side, and never exceed the number
of thirty, who are to be relieved every two hours, that the men
may be all on deck in the course of the day; that their irons be
searched twice every day with the greatest minuteness, and in case
any convict should have attempted to get his irons off, for the
first offence he be punished with no less than six dozen of lashes,
with a right and left catt, if able to bear so much; that you are
to be the judge, and not the doctor; during the punishment that
a guard be drawn up on the quarter-deck with bayonets fixed and
loaded musquets; if any instrument should be found on any
convict, that he be immediately punished with four dozen lashes,
and if found in any of their berths that the whole belonging to
that berth be punished in like manner, without they declare the
culprit; if the convicts should refuse to clean their different
berths, the person so offending be punished with two dozen lashes.
1 have also to request that a proper guard with arms always
attend when the prison-door be opened, and that they be locked

64 HISTORICAL RECORDS OF AUSTRALIA.

1797. down during the night, and if you think it necessary during the

6 ' u y' day; and that you will always take care of our own boats, that

inquiry re they be so secured that no attempt can take them from the ship.

the conduct " * L

of Captain I have, &C,

Dennott Thomas Dennott.

[Exhibit No. 4.]
Surgeon Beyer to Thomas Dennott.

Dear Sir, Eio de Janeiro, 12th February, 1797.

Duty commands me to inform you the state of health of
our troops and convicts is at present of such a nature as requires
immediate assistance. If, on the contrary, a great mortality cer-
tainly will take place.

To obviate said symptoms, potent adjuvants are requisite,
viz. : —

To supply the troops and convicts during our stay here at Rio
de Janeiro with fresh provisions daily.

To allow them two oranges each per diem, or any other fruit,
so highly essential, as the scurvy is making a rapid progress, and
for which extra expence I doubt not Government will not only
indemnify you, but return you thanks on the occasion so justly
due to you.

Lastly, as there is opportunity, to send all the troops and con-
victs on shore for the benefit of their health as soon as possible.

All I have to add is as your sagacity will easily discover, so
am I confident it will coincide with your approbation.

I am, &c,

Augustus Beyer.

[Exhibit No. 5.]
The Deposition of Francis Cox.

Francis Cox, a convict on board the Britannia, says that after
Patrick Garodby had been punished he was put down among the
other prisoners, with additional bolts and handcuffs, and asked
for a drink of water, when Mr. Wharton, the 2nd mate, told him
he would give the rascal poison first. That Patrick Garodby lay
on his back handcuffed to another man, still crying out and
offering a guinea for a drink of water or an orange, which he
could not procure. He then cried out to give him some wine,
which Smith, another of the convicts, did, and he, Cox, sweetened
it with sugar. This was given him in the night about 3 o'clock;
he laid till about 7, and then expired. Many of the convicts
cried out continually for water, but none was suffered to be given
them till after Garodby had expired, when they sent down a
buckett of water, from 7 to 8 gallons; the men being so thirsty,

HUNTER TO PORTLAND. 65

they scrambled who should get a drink first, on which Mr. 1797.

Wharton, Mr. Froome, and the steward jumpt down to see what 6 u y'
was the matter, and the captain ordered them to knock down any inquiry re

i />!•!! t 1 ■ f r i -1 tne conduct

person that was out 01 his berth, and that 11 any 01 the rascals of Captain

spoke a word he would blow their brains out. A convict of the enn0

name of Connor, who had been punished, stooping down to take

a drink of water, Mr. Froome, by the captain's orders, struck

him across the loins. The man from that time faultered his

speech, and expired the next morning. Brannan and Stapleton,

two men who had the day before received 300 lashes, were called

up and ordered to receive 300 more. Brannon expostulated with

the captain, begging he would minutely enquire into the affair,

and it would be found that he was not so culpable as it appeared

to him; that he had been a recruiting serjeant; that he had raised

& number of men, and had been a faithful servant to his Majesty

King George. The captain, in return, dam'd his Majesty and

himself, and then ordered him to be tied up, and looking at the

•catt observed that they were not sufficient to open his skin. He

then got a piece of horse-skin, and made the boatswain get

another piece, and then the boatswain tied them to a short stick,

and the captain took it and stood by while the boatswain tied

knots on the leather. He then ordered the men some grog before

they began to flog them, saying, " Dam your eyes, this will open

your carcase." Stapleton lived three or four days, and Brannon

some time longer.

A true deposition taken before me, —

Eichard Atkins, A. J.A.

[Exhibit No. 6.]
Isaac Froome to Captain Dennott.

Brittannia, February 29th, 1797.
Your goodness will, I trust, excuse the liberty of this address
when kindly considering my present situation, and the motives
that induced me thus far to presume will, I trust, be sufficient
apology for the liberty of this intrusion.

To palliate my crime, I do not mean, neither shall I attempt,
to vindicate my conduct. I must own it has been such as but
too justly merits your displeasure and disregard, and it is with a
due sense of the impropriety of it that I now most submissively
request your forgiveness. I own, sir, I have most grossly
offended, but I trust not exceeded the limits of pardon. Could
you, sir, kindly look over the past, it shall ever be my chief
study and desire so to conduct myself as to merit, if possible,
your esteem and protection, and I am well convinced after what
Ser. I. Vol. II— E

66 HISTORICAL RECORDS OF AUSTRALIA.

1797. has transpired, together with your kind and friendly advice, that
6jJuiy. j shau not fa-j -n tlie attempt_ ge piease(i then, sir, to obliterate

theconduct ^e past> an(* restore me> Pray, to your once, I believe, good

of Captain opinion, and the uniformity of my future conduct shall be such

as I trust will give satisfaction, as also prove to you the sincerity

of my professions. I again beg you will excuse this liberty, and

believe me to be, &c,

Isaac Froome.

Captain Dennott's Address to the Court.
Gentlemen, Sydney, 21st June, 1797.

It is not my intention to take up your time with a tedious
recapitulation, yet I think it necessary I should mention some
circumstances in explanation. When the convicts were embarked
in Ireland, I enquired of Mr. Sainthill, the resident agent, if the
Government of Ireland did not give orders, how I should conduct
myself towards the prisoners. I was informed by him that he
knew of none, neither had he any instructions whatever to give,,
and that I was to act as circumstances might require. Left then
alone in a situation entirely new, I was determined if the con-
duct of those committed to my charge would but permit to make
them as comfortable as it was possible, but at the same time if
they behaved ill to have them punished in such a manner as to
deter others from being guilty of similar offences. I have always
been of opinion that severity in some instances is lenity in
general. It never was my wish to punish at all, and I presume
that my conduct to the prisoners, both before and after the plot,
will convince you of that, as a very few were punished, and those
but slightly. Prior to my writing the letter No. 3, I had under-
stood that a punishment of some soldiers had taken place on
board, which appeared to me so very slight that I thought it by
no means adequate to the character of those I had to deal with,
and in consequence wrote to Mr. Ricketts. I knew ye man to
whom I wrote to be humane, and that there was not the least
danger of the convicts being ill-treated or wantonly punished. I
am confirmed in that opinion by the humanity he has always
shown them. By mentioning the punishment of the prisoners at
the island I do not mean to blame the conduct of Mr. Byrne ;
only that if it were improper for me to punish men in the absence
of the doctor, it was equally so in him to do so, who now stands
forth as my accuser. When I was convinced that the prisoners
had determined to seize the ship and destroy the lives of a num-
ber of innocent men, I conceived it my duty to have them
punished, but it was never my intention to affect their lives. In
the hurry and confusion of the day I did not think of holding a

HUNTER TO PORTLAND. 67

consultation, particularly as I found every one on deck, and every 1797.
one willing, aiding, and assisting. No objections were made or 6 July-
even hinted, either on that day or either of the days of punish- inquiry re
ment; everybody attended and appeared to me to be as earnest in of Captain
their punishment as myself. The conduct of my youngest officer Demiott-
(Mr. Froome) has ever been negligent and inattentive, conse-
quently I found fault with him. To prove that he once thought
so himself, I beg that the annexed letter, No. 6, may be read.
His actions since have never, in my opinion, corresponded with
the promises he has made. The more the prosecutors have taken
to establish their assertions — by robbing private papers, breaking
thro' the laws of hospitality by bringing forth private conversa-
tion, ransacking- every private concern, and every unguarded
expression stretched to the utmost to make it appear in the worst
light — will, no doubt, have its effect with you, gentlemen, in the
decision you are to give.

My defence I leave to the evidence already produced before
you. I trust myself with confidence to you, and, from the can-
dour and patience you have shown in elucidating the charges
exhibited against me, I have no reason to aprehend that you'l
impute crimes to me when I may have been only guilty of error.

Humanum est err are, and, whether I am condemned or
acquitted, I shall ever feel myself under the greatest obligation to
this Court for the manner they have conducted this enquiry. I
beg leave to subscribe myself with the greatest respect,

Yours, &c,

Thos. Dexxott.

Decision of the Court.
After maturely considering the evidence on both sides that has
been brought before us on this occasion, we are unanimously of
opinion that Captain Dennott's conduct in punishing the convicts
in the manner he did for conspiring to take the ship was impru-
dent and ill-judged, inasmuch as he did not take the sense of the
officers and ship's company, individually, as to the steps necessary
to be adopted for the perservation of the ship and the lives of the
people therein, for although they might have been all present, and
many of them assisting on that occasion, yet their not having
been formally consulted renders it questionable whether the
captain's proceedings would have met their unanimous appro-
bation, and, so far, his conduct in this instance may be regarded
as bordering on too great a degree of severity ; but we also clearly
concur of opinion that the surgeon (Mr. Byers) was beyond all
the other bystanders particularly culpable in not steadfastly pro-
testing against the cruelties which he charges Captain Dennott

68

HISTORICAL RECORDS OF AUSTRALIA.

6 July.

Inquiry re
the conduct
of Captain
Dennott.

with, and was therefore inexcusably negligent and indifferent in
the performance of his duty, and consequently, in an eminent
degree, accessory to the inhumanities he complains of. Such is
our opinion as to the first charge.

With respect to the second, we believe that (unless in th-3
instance of the ventilators, water-sweetners, and swabs, not
having been made use of) Captn. Dennott gave proper orders, and
did not omit taking the necessary steps for bringing the troops
and convicts hither in safety, especially when the refractory
state of the people he had in charge and the coertion he was
obliged to make use of towards them for the preservation of the
ship and the people is considered.

Before we conclude, we here beg leave to offer to his Excellency
our opinion that all ships coming to this port with transports
should have on board an officer of the Crown, who should be
invested with proper power and authority, as well for the con-
ducting of the ship as the particular inspection and direction of
the management of the convicts on board.

Eichard Atkins, J.A.

W. Balmain, J.P.

Eichard Johnson, J.P.

Orders re

Civil

appointments.

[Enclosure No. 2.]
Live Stock, 6 July, 1797.
Account of Live Stock received into the colony from the Cape
Good Hope by his Majesty's ships Reliance and Supply,
July, 1797.

On account of Government

Cows.

Cow-
calves.

Mares.

Sheep.

53
13

■ 7

7

37

84

On account of the officers of the ships in
their own appartments

Total

66

7

7

121

Jno. Hunter.
[Enclosure No. 3.]
Government and General Orders.

Monday, 14th Nov., 1796.
Parole — Northumberland. Countersign — Cumberland.
Captain David Collins, the Judge-Advocate of this Colony having
obtain'd His Maj's Permission to return to England upon his private
business — Richard Atkins Esqr. is by His Maj's Command, as
Signified in the Secretary of State's Letter of the 31st June 1793*
order'd to do the duty of Judge-Advocate to the Colony during the
absence of Capt. Collins or until further Orders.

* Note 30.

HUNTER TO PORTLAND. 69

23rd Nov., 1796. 1797.

Parole — Truth. Countersign — Honor. 6 July.

A ( 'ourt of Criminal Judicature consisting of the Judge Advocate, ordersre"
and Six Officers of His Majesty's New South Wales Corps, will sitting of
assemble this morning at 10 of the Clock for the Trial of such criminal court.
prisoners as may be brought before it.

29th Nov. (1796).
Parole — Judgement. Countersign — Repentance.
The New South Wales Corps will be under Arms to Morrow at 12 Military.
O'clock in the forenoon for the purpose of Attending the Execution
of the Prisoners now under Sentence of Death.

30th November, 179G.
Parole — Honesty. Countersign — Morality.
Tin: (Governor having judg'd it necessary, as well as for the pre- Appointment
serration of peace and good order as for the security of property of constables,
generally, to portion out the different districts of the settlement
into divisions, in each of which constables have been chosen and
sworn in, and who for their direction have receiv'd printed instruc-
tions. This information is. therefore, made public that none may Passes required
plead ignorance of this regulation, and that they may understand from town
that all persons travelling from one district of the settlement to totowu-
any other, being liable to be examined by the different constables
whose division they may pass through, are to be furnish'd with
passes from the acting magistrates at Sydney and Parramatta, the
Governor's Aid-de-camp, or commanding officer at the Hawkesbury.
Gentlemen's servants will have passes from their respective
masters. All persons who shall be found without such passport,
which it will not be difficult to obtain when necessary, will be for
the first offence fin'd a month's imprisonment and labour for the
public. If any shall pay so little attention to this Order as to
repeat such offence, other steps will be pursued for their further
punishment.

3rd December, 1796.
Parole — Chearfulness. Countersign — Temperance.
A General Muster of all the male inhabitants is intended to take General
place in each of the districts of Sydney, Parramatta, and Hawkes- muster,
bury, on Friday and Saturday, the 16th and 17th instant ; and in
order to prevent the dwellings or farms of the different settlers
from being left without proper protection, it is intended that on
Friday the servants and labouring people generally shall be called
and the settlers will remain on their farms ; but on Saturday the
settlers will be mustered, and they will leave proper persons in the
care of their concerns. The Governor having taken this method
of directing the muster for the security of the property of the
inhabitants in general, he expects that every person will strictly
attend, agreeable to the above direction, unless prevented by sick-
ness or some sufficient cause, of which proper notice is to be sent.
All settlers and all men employ 'd by them, as well as those em-
ploy'd by officers, whether on or off the store, are strictly directed
to appear.

N.P>. — The settlers who reside at Kissing Point, Lane Cove,
Bulanaming. and Liberty Plains will attend at Sydney; those at
the Field of Mars and districts adjacent will be mustered at Parra-
matta ; and those on or near the banks of the Hawkesbury at that
place.

70

HISTOEICAL EECOEDS OF AUSTRALIA.

1797.
5 July.

Orders re

Military.

The sale of
spirituous
liquors.

All constables and other persons holding situations which may
give them influence or authority are inform'd by the Governor
that they cannot give him a more convincing proof of their regard
for good order and the general happiness of the settlement than
by exerting themselves to compel a rigid obedience to all Public
Orders.

8 Deer. (179G).
Parole — Government. Countersign— Religion.
The New South Wales Corps will be under Arms to Morrow at 12
O'Clock in the forenoon, for the purpose of attending the Execu-
tion of the Prisoners now under Sentence of Death. And the Com-
manding Officer at Parramatta to have that Detachment under
Arms on Saturday the 10 Instant at 12 O'Clock in the Forenoon
for the purpose of attending the execution of the Prisoners now
under Sentence of Death, and who are to suffer at that place.

12th December, 1796.
Parole — Happiness. Countersign — Contentment.
The proofs we have so recently had of the danger attending too
great an indulgence in the use of spirituous liquors, or in those evil
habits which are so strictly forbidden and provided against by
the wisdom of our excellent laws, are so truly melancholy that we
wou'd willingly and anxiously hope such distressing examples might
kindle up in the mind of the inhabitants of this colony some sparks
of reflection and remorse. It is much to be lamented that the
unfortunate desire of gratifying to excess in the use of spirits
should prevail in this country to so extraordinary and so certainly
ruinous a length as we have had but too frequently occasion to
notice. That destructive article has generally been found to have
been the original cause of most of the shocking outrages against
the peace, the laws, and the regulations of the colony, which have
so frequently been experiene'd, a colony in which it is in the power
of every well-dispos'd and industrious person to live in happiness
and comfort.

Drinking to excess it is well known have occasioned several most
horrid and barbarous murders. The robberies which have so lately
been committed upon the public provision stores, as well as upon
the inhabitants of private persons, it is also well known could
not proceed from a want of sufficiency of food, because our ration
is full and ample — much more abundant than many of our more
deserving friends enjoy at this time in our mother country. No
they have proceeded from a desire of possessing, by any means,
those articles with which they might be able to procure spirits.
that source of the misfortunes of all those whom the laws of their
country, and the justice due to others, have launched into eternity,
surrounded with the crimes of an illspent life. The Governor has
thought proper thus publickly to express his earnest hope that a
recollection of the crimes which have so lately been committed here
will not be forgotten, or cease with the breath of the criminals
who have suffer'd, but rather that those unhappy men will be
remember'd and deplor'd by their friends, and that the calling to
mind their melancholy fate will operate as a stimulus to good and
virtuous actions in those they have left behind, and to a proper
respect for the laws and regulations which have been established
for the general good and the mutual happiness of the whole society.

HUNTER TO PORTLAND. 71

21st December, 179G. 1797.

Parole — Honesty. Countersign — Industry. 6 Jul\ '

Many of the settlers and others who have ground in cultivation Orders re
having been, at their own solicitation, supplied at the proper season Faimins-
from the Government store with wheat and Indian corn for crop-
ping their grounds, for which they have given receipts and a
promise that such debt should be paid out of the ensuing crops as
soon as taken off the ground, it is now expected that they do
pay into the public store, as their crops are gather'd, the quantity
for which they have given their receipts, before they discharge any
other debts they may have contracted.

No grain will be received into his Majesty's stores until those
debts have been collected ; and if any unnecessary delay is made
in the discharge of them, such steps as the law provides in such
cases will be immediately follow'd, and the person who shall
attempt any evasion shall be particularly mark'd as unworthy any
encouragement hereafter. It may be necessary here to mention
that shou'd any of those persons who are in this way indebted to
Government have sold or made over their farms to any other
since the time of having borrowed grain from the public store for
cropping it, such farm will be considered responsible for such debt,
whoever may possess it. and it is expected it be forthwith dis-
charged out of the first or the present crop.

22nd December. 179»>.
Parole— Healthy. Countersign — Cleanly.
On Saturday next, the 24th. the Commissary will begin to serve issue of
the following proportion of slops to those who are entitled to s1°p clothing,
cloathing from the public stores : —

To Men. To Women. To Children.

1 jacket 1 jacket 1 p'r small blankets

1 waistcoat 1 pettycoat 1* yard flannel

1 p'r breeches 2 shifts 3 yards linnen

2 shirts 2 p'r stockings 'J do. tape
2 p'r stockings 1 handkerchief 1 lb. soap

1 hatt 1 cap | lb. thread

1 woolen cap 1 p'r shoes

1 p'r shoes 1 hatt

i lb. thread i lb. thread

1 cake of soap

The Governor hopes it may not be necessary to put those who
are to receive slops in mind that if any shall presume to sell those
articles which they have some time felt the inconvenience of being
without, and which will be direct disobedience of former Orders,
both the buyer and seller will subject themselves to such punish-
ment as the nature of the offence may deserve.

9th Jany. 1797.
Parole — Guernsey. Countersign — Jersey.
Those Officers who have been allow'd to take Servants off the ^ssicrnC(1
Public Store, are desired to send in to the Acting Commissary, servants.
Lists of those Servants in Order to their being serv'd with a
proportion of Slop Cloathing.

72

HISTORICAL EECOEDS OF AUSTRALIA.

1797.
6 July.

Orders re
Sitting of
criminal court.

10th Janry. (1797).
Parole — Honor. Countersign — Integrity.
A Court of Criminal Jurisdiction Consisting of the Judge Advocate
and Six Officers of His Majesty's New South Wales Corps will be
Assembled on Thursday the 12 Instant at 10 O'clock in the fore-
noon for the Trial of such Prisoners as may be brought before it.

Repairing of
the public
roads.

11th January, 1707.
Parole — Edinburgh. Countersign — Glasgow.
The necessity of having the roads between the different settle-
ments in this colony made easy and convenient for travelling
being obvious to every inhabitant, the Governor has considered it
necessary to issue the following Order for having them put in good
and perfect condition as early as possible: — All officers who have
farms are to furnish two men for three days in the week, to be
employed on the above service ; and all superintendants, store-
keepers, and persons of that description, one man. Every settler
is either to furnish a man or to contribute his own labor for the
same time. The particular days of labor will be settled by the
Justices of the Peace and surveyor, and are to be continued until
the whole work is complete. There being at this time a scarcity
of tools in the public stores, it is expected that the persons above-
mentioned do furnish such implements as may be necessary for
employing the people they send, spades excepted, a few of which
Government will endeavour to provide.

The Surveyor-General will have directions to measure out the
road, which is to be 20 feet wide. The people who are to be thus
employ'd are to be in readiness and to put themselves under the
direction of Mr. Alt on Monday, 23rd instant.

The people sent upon this service by the officers at Sydney, by
the settlers at Kissing Point, Concord, Liberty Plains, and Bula-
naining. are to complete the road from Sydney to Duck River,*
and those at Parramatta, Prospect Hill, Field of Mars, Ponds.
Northern Boundaries, and Hawkesbury are to attend to the road
from Duck River to the Hawkesbury.t The people from the
latter place are to begin their repairs from their own neighbour-
hood, and to continue them for two-thirds of the way to Parra-
matta, and they will be directed in their work by Mr. Grimes, who
will also direct those who are to be employ'd from the Parramatta
side of the Duck River until they meet those from the Hawkesbury.

The road from Sydney to Parramatta is to enter the latter place
where it now does, in the center of the main street. The laborers
are to continue at their work eight hours each working-day.

13th January, 1707.
Parole — Mars. Countersign — Jupiter.
Expirees. Many applications having been made to the Governor by people

who say their time of servitude in this country is expired, and
as it is extremely inconvenient when employ'd on other public
concerns to have the time of business broke in upon by every
single individual who may be desirous of receiving information
relative to the expiration of his time, the Governor has jud'd it
proper to have fix'd times for such inquirys, and does therefore

Note 31. t Note 32.

HUNTEE TO PORTLAND. 73

give this notice, that February the 15th will be the first day on 1797-

which certificates will be granted to those who appear on the 6 July.
lists of the ships they come out with, to be regularly intitled to Qrd ^-^

them.

14th January, 1707.
Parole — Establish. Countersign — Wages.
Many settlers in different parts of the colony having represented Rates of
to the Governor that the wages demanded by the free laboring wages.
people whom they have frequent occasion to hire is so excessively
exorbitant that it runs away with the greatest part of the profits
of their farms, and have solicited that his Excellency would take
some effectual steps for their relief in this particular: It is there-
fore the Governor's desire that the settlers in each district do
appoint amongst themselves quarterly meetings for the purpose of
settleing the rate of wages to laborers or others whom they have
occasion to hire; that an agreement for this purpose be drawn
up in writing, to which each settler in the district is to subscribe
his name ; that a penalty for any breach of this written agree-
ment be fix'd by the general opinion, and inserted in the writing,
and which in case of forfeiture will be recover'd by a Civil Court ;
that they resolve together for what purpose such forfeitures shall
be apply'd for the general benefit of their own district.

They are to transmit to head-quarters a copy of their agreement
and the rate of wages they have or may from time to time estab-
lish, for the Governor's information.

The Governor advises the settlers to fix the time of their first
meeting as early as possible, to prevent their being any longer
impos'd upon.

His Excellency takes this opportunity of informing the settlers
generally that as soon as the repair of the roads is completed
he will direct the Commissary to issue to each a proportion of pro-
visions for the number of days they have been employ'd on that
necessary work, or, if more agreeable to those who are indebted to
Government, he will direct a reduction of that debt in the same
proportion.

16th Jany. (1797).
Parole — Queen. Countersign — Charlotte.
Wednesday the 18th Instant beiiig the day appointed to be obser^'d Military,
as the Anniversary of Her Majesty's Birth, the New South Wales
Corps will Parade and Fire three Follies at 12 O'clock.

19th Jany. (1797).
Parole — Just. Countersign — Equitable.
The Court of Criminal Judicature which was to have Assembled sitting of
on the 12th Instant, having been delayed on account of the Indispo- criminal court,
sition of two of its Members, It will Assemble tomorrow the 20th
for the Trial of such Prisoners as may be brought before it.

20th January. 1797.
Parole — Decision. Countersign — Judgment.
There being no pease remaining in the public store, the Com- Rations,
missary is desired to issue to the military and free people one and
n half pound, and to the convicts two pounds of wheat, in lieu of
their respective proportions of pease.

74

1797.
6 July.

Orders re

General

muster.

Sitting of
civil court.

HISTORICAL RECORDS OF AUSTRALIA.

A general muster of the female convicts will take place at
Sydney, Parramatta, and the Hawkesbury, on Thursday, the 2(lth
inst, where it is expected that every one appear at the victualling-
store of the district in which they reside. And on the following
Saturday there will be a serving (to those who are intitled I of
such slop cloathing as the store can at present afford to them and
their children.

21st Jany. (1797).
Parole — Honor. Countersign — Honesty.
A Couet of Civil Judicature will be Assembled on Thursday the
2nd day of Feby. next at 10 O'clock of the Forenoon, of which
all Persons having business to do before the said Court are to take
Notice.

27th Jany. (1707).
Parole — Corrupt. Countersign — Vitious.
Military. The New South Wales Corps will be under Arms to Morrow at 12

O'Clock in the Forenoon for the purpose of attending the Execution
of the Prisoners now under Sentence of Death.

Military.

2Sth Jany. (1797).
Parole — Lenity. Countersign — Forgiveness.
The New South Wales Corps not to be under Arms agreeable to
the Order of Yesterday untill farther Order.

Labourers
on the public
roads.

Sitting of
criminal court.

15th February, 1707.
Parole — Middlesex. Countersign — London.
As the settlers, officers' servants and others who are at this time
employ 'd in repairing and improving the roads between the differ-
ent parts of the settlement will be wanted to prepare their
respective grounds which are intended for seed the ensuing season,
the Governor gives this public notice that after the work for the
next week is completed he will not require that attendance on the
roads untill their grounds are finish'd cropping, when he hopes
and expects that they will readily come forward and finish what
they have so well begun.

The constables of the different districts are desired to give in to
the nearest magistrate a list of the settlers who may have either
been employ'd themselves in the above necessary work, or have
sent a man upon that duty, together with the number of days
they have been so employ'd in order that the Commissary may
receive directions to supply them with so many days' provisions,

21 Feby. (1797)
Parole — Bombay. Countersign — Bengal.
A Criminal Court consisting of the Judge Advocate and Six Officers
of the N.S.W. Corps will Assemble on Wednesday the first of
March next at 10 O'Clock in the Morning for the Trial of such
Prisoners as may be brought before it.

HUNTER TO PORTLAND. 75

27tli February, 1797. 1797.

Parole— Hull. Countersign— Humber. 6 July'

The repeated Orders which have been given to the inhabitants of ^eeJii^of
the town of Sydney relative to the ringing and yoking of hogs swine,
before they permit them to run so much at large, and the little
attention which daily experience shows has been paid to these
different Orders, as well by the numbers which are now seen
running about without those checks to their ravages, as from the
complaints which have been made of the mischiefs done to the
different gardens and other inclosures about the town :

The Governor has come to the resolution of taking some effectual
step for preventing these mischiefs, and has therefore issued this
Order as a hint that he would recommend it to those who have
farms to send their hogs thither immediately, and those who have
110 farms to provide a boy or some person to herd their stock, and
to take care that the directions formerly given on this subject be
strictly comply'd with. This advice the Governor has thought it
proper to give before he issues any other Order on this occasion,
and to prevent that loss to individuals which it is highly probable
they will suffer if they continue to think that any inattention to
the Public Orders of the colony will be suffered to pass without
notice.

10th March, 1797.
At the particular wish and desire of the settlers in every part of RateSof
the colony, who have long suffered themselves to be most shame- wages.
fully imposed on by such people as they have had occasion to hire
to perform the various kinds of labour which their farms required,
the Governor had thought proper, in order to deliver them from
a practice so injurious to their industry, to direct, by an Order of
the 14th of January last, that the settlers inhabiting the different
districts should call a meeting, and forward to him their several
opinions relative to the rate of wages for the different kinds of
labour which their farms might require, and which they were of
opinion they could reasonably afford to pay.

His Excellency has therefore, from the rates delivered to him
from the different districts, been enabled to fix a mean rate, which
be conceives to be fair and equitable between the farmer and the
labourer, and is as follows, viz. : —

Falling forest timber, per acre

Ditto brush ground, per do

Burning off open ground, per do.
Ditto brush ground, per do.
Breaking up new ground, per do.
Chipping fresh ground, per do. ...

Chipping in wheat, per do

Breaking up stubble or corn ground, Id. 3 farthings

per rod ; or, per acre

Planting Indian corn, per acre

Hilling ditto, per do

Reaping wheat, per acre

Threshing ditto, per bushel

Pulling and husking Indian corn, per do.

£ s.

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76

HISTORICAL EECOEDS OF AUSTEALIA.

1797.
6 July.

Orders re

Splitting paling, 7 feet long, per hundred

Ditto, 5 feet long, per do.
Ditto, 3 feet long, per do. ...

Sawing plank, per hundred feet

Ditching, per rod, 3 feet wide and 3 feet deep

Carriage of wheat, per mile, per bushel

Ditto Indian corn. neat, per do.

Yearly wages for labour, with board

Wages per week, with provisions, consisting of 4 lb.

of salt pork, or G lb. of fresh, and 21 lb. of wheat,

with vegetables

A day's wages, with board ...

Ditto, without board

Do., a Government man allowed to officers or settlers

in their own time

Price of an axe

New steeling ditto

A new hoe ...

A sickle

Hire of a boat to carry grain, per day ...

It may not be improper to remind the settlers that in order to
prevent any kind of dispute between the master and servant, when
thej' have occasion to hire a man for any length of time, that they
will find it highly proper and convenient to hire for a quarter, a
half-year, or year, and to make their agreement in writing, from
which, should any dispute arise, a Bench of Magistrates will at all
times be able to settle it, the English law being very full and
clear on this subject.

£

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Parole — English.

13 March (1797).
Countersign — Laws.

Sitting of A Court of Criminal Judicature Consisting of the Judge Advocate

criminal court, and Six Officers of His Majesty's New South Wales Corps, will
Assemble on Tuesday the 14 Instant at 10 O'Clock in the forenoon
for the Trial of such Prisoners as may be brought before it.

Military.

15 March (1797).
Parole — Timely. Countersign — Repentance.

The New South Wales Corps will be under Arms tomorrow at 12
O'Clock in the forenoon for the purpose of attending the Execution
of the Prisoners now under Sentence of Death.

requ
from town
to toAvn.

20th March, 1797.
Parole — Europe. Countersign — Asia.

ired As great evils continue to be felt from the frequent and unre-
strain'd passing and repassing of idle and disorderly persons from
one district of the settlement to another, in order to check so
great a nuisance as much as possible, and to break that chain
of iniquitous correspondence which is too frequently kept up

HUNTER TO PORTLAND. 77

through such means, the Governor judges it necessary to remind ^97.

every inhabitant of the colony that he issued an Order against 6 July.
this improper practice on the 2nd of Octr., 1795,* in which the ~~~"

constables and watchmen of the districts of Sydney, Parramatta, r e
Toongabbe, and the Hawkesbury were strictly enjoyn'd to examine
all male and female convicts, and all suspicious persons whom
Ihey might find in either settlement not belonging thereto, and
were authorized to confine them if not provided with a written
pass signed by the officers then authoris'd to give them : as the
same evils then complain'd of do still prevail, the Governor finds
it necessary to revive the above Order, and to inform those who
may require passes that they will receive them from Captain
Johnston (the Govr's aid-de-camp), the officiating magistrate of
Sydney and Parramatta, and commanding officer at the Hawkes-
bury. Officers' servants will receive them from their respective
masters. And it is further ordered, that when the person having
occasion for such pass shall arrive at the place for which he
receiv'd it. he is to shew it immediately to the chief constable of
that district, who will date and countersign it. as a proof to any
magistrate who may see it that it was presented upon arrival.

27th March. 1707.

Parole — Spain. Countersign — Portugal.

The repeated Orders which have been given for preventing the mis- Establishment
chiefs done to the gardens and other inclosures of the inhabitants of a pound,
of Sydney, by the hogs which have been permitted by their owners
to run loose without yokes or rings, having produc'd no other
effect than the shutting them up for a day or two, the Governor has
thought proper, for the purpose of getting the better of such public
nuisance, to direct that a pound be erected, into which all hogs
found in the describ'd, and forbidden in former Orders, will be
driven, where, if not claim'd in twenty-four hours after confine-
ment, and the damages either immediately paid or security given
to the sufferer (exclusive of the expence of pounding and feeding),
they will be sold as public property, and the damages paid as far
as the value of the animal will go. All pigs which may be too
young to ring or yoke are not to be suffer'd to go at large ; if any
person or persons are so inattentive to the Public Orders as to
suffer them to run loose they will be liable to the expence of the
damages they may have done.

It is necessary to add that all hogs which may be yok'd and
ring'd, if found in any garden or inclosure, or doing mischief to the
concerns of the inhabitants, will be pounded, and the damages
they may have done must be paid by the owners.

6 April (1797).

Parole — Plymouth. Countersign — Dock.

A Court of Criminal Judicature consisting of the Judge Advocate sitting of
and Six Officers of His Majesty's New South Wales Corps, will criminal court.
Assemble on Tuesday the 11th Instant at 10 O'clock in the fore-
noon for the Trial of such Prisoners as may be brought before it.

* Note 33,

78

HISTORICAL RECORDS OF AUSTRALIA.

1797.
6 July.

Orders re
Bakers and
their trade.

11th April, 1707.

Parole — Law. Countersign — Justice.

Many complaints having been made, not only of the exorbitant
demands made by the public bakers upon those who are under the
necessity of employing them, but of the impositions practis'd in the
quality as well as quantity of the bread return'd in lieu of the
flour or grain deliver'd to them, the Governor has directed that the
Judge-Advocate and two other magistrates do hold a meeting for
the purpose of investigating this business, as well as for examining
and regulating the weights and measures at present in use thro'out
the colonjr.

14th April, 1797.

Parole — Cropping. Countersign — Season.

Rates of The rate of wages for the different kinds of labor having been

wages: establish'd agreeable to the wishes and opinions of the settlers in

all the districts in the colony, it becomes necessary that the
strictest attention be paid by all who are concern'd in farming to
those establish'd rates, and no longer to suffer themselves to be
impos'd upon.

The Governor, having much reason to suspect that there are
some settlers in the colony who, notwithstanding the bond they
have given that they will rigidly attend to the rates of wages
already establish'd, do attempt in some way or other to evade this
necessary regulation, which evasion must operate to the injury of
other industrious men.

The Governor has therefore, the more readily to detect so
shamefull a practice, judg'd it requisite to hold out a reward to
those who will come forward and give such information as may be
sufficient to convict those who shall act so improper a part, by
promising that one-third of the forfeit money shall be paid to the
informer. This is a regulation which, his Excellency is of opinion,
the settlers cannot but approve.

It is also desired that any settler or other person having
occasion to hire laborers do give immediate information of any
laboring man who, offering himself for hire, shall refuse to accept
the regulated prices for labor already settled ; such persons, being
incapable of living in this country without work, will be immedi-
ately apprehended and prosecuted as a vagrant who has no visible
means of living.

Pollution of
the Tank
Stream.

Countersign-

2nd May. 1707
-Sandwich.

Parole — Margate.
The paling in of the spring, a work of much advantage to the
health of the inhabitants of Sydney, being now completed, this
public notice is given that none may plead ignorance. Whoever
shall be known to loosen or take down any of the paling at the
bottom of those gardens which are near the spring, or any part of
that which surrounds it, for the purpose of getting fresh water
without going to the tanks for it, or for any other purpose what-
ever, the house to which that paling belongs, or is nearest to,

HUNTER TO PORTLAND.

shall be immediately pull'd down, let who may be its owner: 1797.

and whoever shall be known to take water from the stream in any 6 July
other way than at the tanks will be secur'd and carried before a 0rder^""
magistrate, who will order that punishment which a disobedience
of Public Orders and regulations may deserve. Particular persons
will be directed frequently to inspect the fences all round the
streams ; it will therefore be necessary that all who live opposite or
near it should every day examine the fences of their gardens, keep
them in constant repair, and endeavour to prevent that filth and
dirt which has so often been found in and about the tanks, and
which may have been the chief cause of some of those fluxes and
other disorders of which several have lately died.

13th May, 1707.
Parole — Respect. Countersign — Laws.

Whereas John Jeweson, Joseph Saunders, John Wilson, and Desertion and

Moses Williams have at various times and opportunitys absconded outlawry.

from the situation in which they have been placed, and from the

work which it was then their duty to have perform'd, and are at

this time employ'd in committing depredations upon defenceless

settlers and others who live at a distance from any protection :

And whereas, in the many robberys and crueltys which have

lately been practis'd upon the above defenceless people by

numerous bodys of the natives, in depriving them of their live

stock, burning their houses, and destroying in a few minutes the

whole fruits of their former industry, as well as wounding and

sometimes murdering them, there is some reason to believe, from

white men having been seen frequently at such times amongst

them, that such acts of violence have generally been advis'd and

assisted by the abovenam'd deserters, who, having absconded from

their duty, can have no other means of living.

This public notice is given from an opinion that it may reach
the knowledge of those who are the subject of it. That the
said John Jeweson, Joseph Saunders, John Wilson, and Moses
Williams do not within the space of fourteen days Trom the date
hereof deliver themselves up to the nearest peace officer they will
be consider'd as having lost the protection of his Majesty and the
aid of the law ; consequently, if taken, will be considered not only
accessory to the death of those natives who may suffer in the
unlawful plunder already mentioned, but as accomplices with
them in the mischiefs and crueltys so frequently committed by
them, and be liable to be immediately executed without the form
of a trial, having by their unlawful conduct forfeited the protec-
tion of those wholesome laws under which they have been born
and bred.

It is scarsely necessary to advise all the inhabitants of this
colony - to do their utmost to secure or give information how
those villains may be secur'd, who are so great a pest to the
industrious. It is to be hop'd and believ'd that every honest man
knows it to be a duty he owes to the whole community to do so ;
and they are hereby strictly enjoymd, as they value the peace and
security of their respective dwellings, to use every means in their
power for the detection of the abovenam'd people.

Given at Sydney, 13th May, 1797.

80

HISTOEICAL RECORDS OF AUSTRALIA.

1797.
5 July.

Orders re
Expirees.

15th May, 1797.
Parole — Sobriety. Countersign — Diligence.
Notice is hereby given that certificates will be granted at the
Commissary's office, at Sydney, on Friday, the 2nd June, to such
as appear to have completed their term of servitude in tbis
country; as soon after which as possible such slops as the store
can afford will be issued to those who continue in the service of
Government, of which time public notice will be given.

17th May, 1797
Parole — Ganges. Countersign — Britannia.
Civil His Majesty has been pleased to appoint by Commission. Wm.

appointments. Balmaiu, Esq., to be the principal surgeon to this colony and its
dependencies, in the room of John White, Esq., who has resigned.

Roofing- of the
Sydney gaol.

19th May, 1797.
Parole — Long Live. Countersign — The Queen.
The inconvenience which we daily experience through the want
of that assistance necessary for completing the public gaol obliges
the Governor to call a second time upon the inhabitants of Sydney
for their aid in the finishing this necessary building. Thatch being
the article principally wanted, his Excellency requires that the
inhabitants of each house do furnish twenty-four large bundles of
grass, and bring them to the goal in the space of ten days ; the
officers, civil and military, having servants from Government to
furnish each fifty bundles, and such of the non-commissioned officers
and others of the military who have servants allowed will furnish
the same quantity as the other inhabitants.

Milil

3 June (1797).
Parole — Pitt. Countersign — Portland.
Monday the 5th being the day to be observ'd as the Birth day of
His Majesty, The New South Wales Corps will Parade at 12
O'Clock on that day and Fire three Vollies in Honor of the same.
The Guns of the Battery and those landed from His Majestys Ship
Supply* will Fire a Royal sallute at One O'Clock.

Sitting of
criminal court.

12 June (1797).
Parole — Exeter. Countersign — Salisbury.
A Court of Criminal Judicature consisting of the Judge Advocate,
two Officers of His Majesty's Ship Supply, and four Officers of
His Majesty's New South Wales Corps, will Assemble on- Thursday
next the 15th Instant, at 10 O'Clock in the forenoon for the Trial
of such Prisoners as may be brougnt before it.

Sitting of
civil court.

16 June (1797).
Parole — Justice. Countersign — Equity.
A Court of Civil Judicature will be assembled on Monday the 3rd
July at 10 O'Clock in the forenoon of which all persons having
Business to do before the said Court are to take Notice.

Note 34.

HUNTER TO PORTLAND. 81

20 June (1797). 1797.

Parole — Vice. Countersign — Virtue. u y"

A Court of Criminal Judicature consisting of the Judge Advocate, g^ingof
two Officers of His Majesty's Snip Supply, and four Officers of criminal court.
His Majesty's New South Wales Corps, will Assemble on Thursday
the 22nd Instant, at 10 O'Clock in the forenoon, for the Trial of
such Prisoners as may be brought before it.

21st June, 1797.
Parole — Falsehood. Countersign — Detect.

Whereas an infamous, scandalous, and anonimous letter address'd An anonymous
to the Governor, has been picked up in the street of Sydney, in letter,
which his Excellency's servants are accus'd of carrying on a trade
in spirituous liquors under the sanction of their master, and of
imposing upon those with whom they are said to have dealt : This
is to give notice, that if there is a man in the colony who has in
any respect been concern'd in any traffic with any of the servants
of the Governor, and who has in way been wrong'd by them, that
if such person will come forward before a Court of Civil Judica-
ture and solicit an inquiry into their case, and for that justice to
which every inhabitant is intitled, they will be supported and pro-
tected by the Governor in making such legal claim to redress.
And whereas the peace, regularity, and good order of this colony
depends much on the respectability in which its magistrates and
other officers are held, it becomes necessary that the authors and
advisers of such false, infamous, and scandalous publications be
brought to light. It is therefore hereby promis'd that if any
person will come forward and give information who the authors
or advisers of the infamous anonimous paper above mentioned are,
so that the offender or offenders herein may be brought before a
Court and prosecuted to conviction, they shall receive a reward of
twenty guineas ; and, farther, if the informer is a convict, such
convict, beside the above reward, shall receive a full and absolute
emancipation, and be permitted to leave the colony by the first
opportunity they may meet.

28th June, 1797.

Parole — Fareham. Countersign — Gosport.

As it is highly probable that those who have been preparing ground Repairing of
for wheat this season have by this time fmish'd the cropping their the public
land, the Governor has judg'd it necessary to renew his Order of roa
the 11th of January last relative to the public roads, and to
appoint Wednesday, the 12th day of July, for the commencement
of the necessary work.

1st July, 1797.
Parole — Putney. Countersign — Kingston.

On Saturday, the 8th instant, the following slops will be issued to issue of
the male convicts, viz. : — 1 jacket, 1 waistcoat, 1 pr. breeches or slop clothing,
trousers, 1 shirt, 1 blanket, 2 prs. stockings, 1 cap, 1 hat, 1 pr.
shoes, 1 lb. soap, and i lb. thread.

Ser. I. Vol. II— F

HISTOEICAL EECORDS OF AUSTRALIA.

1797.
6 July.

Orders re
Military
appointments.

Wreck of the
Sydney Cove.

Rescue of
survivors.

3rd July. 1797.

Parole — Impartiality. Countersign — Equity.

Lieut. N. Mackellar will continue to command the detachment
of the military doing duty at the Hawkesbury until farther order.

Governor Hunter to The Duke of Portland.

(Despatch marked "Separate.' per store-ship Britannia, via
Canton; acknowledged by the Duke of Portland, 18th Sep-
tember, 1798.)

My Lord, Sydney, New South Wales, 6th July, 1797.

A ship nam'd the Sydney Cove having been loaded with
a cargo of goods upon speculation from Bengal to this port, was
wreck'd in February last upon this coast, in latitude 40° 37A
South,* or about 408 miles to the southward of Port Jackson.
Seventeen of her crew embark'd in the longboat in order to reach
the harbor, and to procure whatever assistance could be had here ;
but they were also wreck'd upon the coast 220 miles to the south-
ward of this port.f They all got on shore, and travel'd along
the coast, and in May last a small row-boat, fishing to the south-
ward of Botany Bay, discover'd three people on the shore, whom
they took into the boat and brought hither scarsely alive. The
remainder of the seventeen have undoubtedly perish'd or been
kill'd by the natives, these survivors having been much annoy'd
and wounded by them. On their arrival they gave an account of
two others whom they had left a small distance from the place
where they met the boat, but too weak to proceed farther. Upon
this information I immediately sent a whaleboat well mann'd, and
put on board her everything which cou'd be necessary for people
in that condition, as well cloathing as nourishing articles of food,
and sent the same fishermen who had taken up the others in this
boat; but these unfortunate men were not to be found. Some
articles they had were pick'd up cover'd with blood, so that we
have reason to believe they have been murder'd in this helpless
state.

As soon after as possible I dispatch'd the Colonial schooner to
the southward, together with a deck'd longboat4 in order to take
off the people who had been left upon the island on which they
had been wreck'd. The schooner is just arriv'd, and has brought
the commander (Mr. Hamilton), the only surviving European,
and the remainder of the Lascars. The commander has left six
of his own people in charge of the property sav'd, one of whom is
one of the three who reach'd this place, and who, being well
recover'd, returned to the wreck in the schooner. I have, &c,

Jno. Hunter.

Note 35.

fNote 36.

t Note 3^

HUNTER TO NEPEAN. 83

Governor Hunter to Secretary Nepean* 1797.

10 July.

(Per store-ship Britannia, via Canton.)
Sir, Sydney, New South Wales, 10th July, 1797.

Having, in the end of September last, order'd his Majesty's
ships serving on this station to the Cape of Good Hope, on the
service of the colony, of which I appris'd you for the information
of their Lordships, I have now to request you will be pleas'd to Return of
inform their Lordships that the Supply returned to this port on e upp y'
the 16th of May in a most distressing and dangerous condition.
Such has prov'd the state of that ship that had her defects been
so complain'd of by her commander at the Cape as to have
occasion'd an examination of them, she would have been found
unfit to leave that bay; but he, well knowing the importance to
this colony of the service he was employed upon, wou'd not apply
for a survey, but chose rather to risk everything in an attempt
to fulfill the design of his voyage. He did fulfill it, altho' with
much difficulty and very considerable danger, as their Lordships
will readily admit on examining the enclos'd report of a survey
which I had order'd upon her arrival, and into the truth of which
I have myself very scrupulously examin'd — to say that I am
concern'd at the decay and consequent loss of the services of this
ship is but faintly to express the anxiety I have experienc'd in
consequence of it, as depriving me of the power of fulfilling the
commands of his Majesty relative to the stocking this colony with
live cattle, the Supply being of a construction and equipment
so well fitted for that service.

I have made known this unfortunate circumstance to the Duke The Supply
of Portland, and have inform'd his Grace how necessary it will be as a suard-sh]P-
to have a ship sent out instead of the Supply, which ship I can
only now use as a guard-ship in the port, and employ her officers
and crew as the service here may require, having no means of
sending them to England. I trust their Lordships will approve
of my doing so untill such time as it may be determin'd whether
a ship shall be immediat'ly sent instead, and which I hope their
Lordships will pardon me for suggesting might be done with the
compliment of a merchant ship, and to be fill'd with such stores
as "the colony has applied for; the stores of the Supply (an
account of which will be sent to the Navy Board) will render the
equipment of another ship less expensive, the officers and crow-
to be turn'd from the one ship to the other, and the men necessary
for bringing this ship out will complete the compliments of the
two station'd ships.

* Note 38.

84

HISTORICAL RECORDS OF AUSTRALIA.

1797.
10 July,

Services of
Lieutenant
Kent.

I shou'd do great injustice to the zeal and merits of an excel-
lent, able, and steady officer were I not to express the gratifi-
cation I shou'd experience wou'd their Lordships condescend to
countenance my recommendation of Lieut. William Kent, comr.
of the Supply, an officer who has serv'd seventeen years as lieu-
tenant, and to put whatever ship may be order'd here in the room
of the Supply on the establishment of a sloop and this officer
her commander. I am unwilling to solicite anything which
might occasion expence; my present request cou'd not, because
the Supply is in every respect but that of being commanded by a
lieutenant the same as a sloop with a peace compliment. I shall
in no other respect trouble their Lordships with the claim of
Lieut. Kent but that of a diligent service of twenty-seven years.

Shou'd their Lordships disapprove of the liberty I have taken
in favor of this deserving officer, I hope and trust they will par-
don it. I have, &c,

Jxo. Hunter.

Condition
of the
Supply.

[Enclosure.]
Survey of the Supply.
Pursuant to an order from his Excellency John Hunter, Esqr.,
Captain-General and Governor-in-Chief in and over his
Majesty's territory of New South Wales and its Depen-
dencies, &c, &c.

We whose names are hereunto subscribed have taken a strict
and careful survey on his Majesty's arm'd vessel Supply, Lieut.
William Kent, commander, and find as follows (viz.) : —

The hawse timbers and night-head, from the top to light water-
mark, rotten.

The stem and stomach piece decayed and rotten to light water-
mark.

The breast-hooks two-thirds rotten.

The timbers, from the plank sheare to light water-mark, many
rotten and others much decayed.

The bulwarks, waterways, and upper planks all rotten.

The beam-ends two-thirds rotten.

The riders and knee-bolts all loose, the beams working in the
clamps very much.

The stern quarter timbers rotten, and by examining below the
light water-mark we found the principal timbers rotten, and we
are unanimously of an oppinion that many others are in the same
state.

That the above ship is irreparable in this port or any other,
and in our oppinion unfit to proceed to sea.

HUNTER TO PORTLAND. 85

And we do further declare that we have taken this survey with
such care and equity that (if required) we are ready to make oath
to the impartiality of our proceedings.

Given under our hands, at Sydney, in New South Wales, this
second day of June, in the year of our Lord one thou-
sand seven hundred and ninety seven.

Jno. Livingston. J. Moore.

Jno. Coldwell. William Stevenson.

1797.
10 July.

Governor Hunter to The Duke of Portland.

(Despatch No. 29, per store-ship Britannia, via Canton; acknow-
ledged by the Duke of Portland, 18th September, 1798.)

My Lord, Sydney, New South Wales, 14th August, 1797. 14 Aug.

I have just receiv'd the enclosed letter from Mr. Balmain, Medical
the principal surgeon to the colony, and I think, as he does, rela- ^ministration
tive to the duty of the surgeons who arrive here in the care of transport

i mi i • i service.

the convicts sent to this colony, lne hospital stores put on
board for the use of the sick during the voyage are not so strictly
accounted for as they ought to be, nor do we ever receive any
account of their practice, which should no doubt be delivered here
as well as on their return to England. On this account it may
probably be found necessary that those surgeons should with
their appointments receive instructions for this purpose.

With Mr. Balmain's letter your Grace will receive a demand
for hospital stores, which we now feel the want of, and also a
return of births and deaths during the last year.

I have, &c,

Jno. Hunter.
[Enclosure.]

Sir, General Hospital at Sidney, 14th August, 1797.

I take this opportunity of laying before your Excellency
the inclosed list of wants for the general hospital and other de-
tached settlements in this colony, and as I have been careful to
avoid making any unnecessary demand, I respectfully request you
will be pleased to represent the propriety of our being furnished
with these supplies by such conveyances as shall be judged the
most speedy and convenient.

It may be proper also here to observe that it seldom happens
any particular account of the surgeon's treatment of the sick on
the voyage from England is given in on the ship's arrival at this
port, and little or no notice taken of the expenditure of the
necessaries and other articles put on board by Government for

HISTORICAL RECORDS OF AUSTRALIA.

1797. their use; and as the service is greatly injured by this neglect,

I trust your Excellency will take steps to enforce the strictest
attention in future to these circumstances, so highly necessary
for economy as well as for the diseased individual.

I have, &c,

W. Balmaix.

[Sub-enclosure 1.]

;pitai List of Wants for the General Hospital and other detached

Settlements in New South Wales : —

Flannel. None left.

Hospital Bedding. Nearly expended; what remains Bad.

Tape, Thread, Needles, Pins, &c. None.

Mess and other Utensils for the Hospital.

Candles.

Lanthorns.

Tin lamps.

Peuter Chamber Pots. \ None ot either-

Do. Spoons.
Window Glass. J

Paint and Paint Oil for the Wooden Hospital sent from Eng-
land,* which is perishing for the want of it.
Tin Quart and Pint Pots.
Pewter Basons.
Tin or Copper Saucepans.
A Box of Stationary.
Journal Books.
Wrapping Paper.
Filtering Do.

Apparatus for Injecting Dead Bodies.f
Three Setts of Midwifery Instruments.
One Do. Capital Do.
Several Do. of Pocket Do,
Do. Lancets Graduated.
Old Sheets.

Bandage Linen and Lint.
Sieves Fine and Coarse.
Glyster Syringes.
Ivory Do.
Close Stool Pans.
Pewter Straining Basons.
Do. Measures.

Scales and weights from two to half a pound.
Vials and Corks Large and Small.
Straining Cloth a few Yards.
Two or Three Small Stills with their appendages.
Wine Sago Acet Distill

Sugar Oatmeal Common

Barley Spices Sal Glauber

Rice Spt Vin : Rect : Aq : Aluet Spt

Wm. Balmain,

Sydney, 26th August, 1797. Principal Surgeon.

* Note 39. t Note 40.

PORTLAND TO HUNTER.

87

1797.
14 Aug.

[Sub-enclosure No. 2.]
General State of the Sick, Hurt, &c, in N. S. Wales from 31st

of August, 1796, to the 31st July, 1797:— SdvttS

statistics

Civil and
Free People.

Convicts in

Hospital and
Quarters.

lit

m
mi

o

Deaths.

Civil

and

Free

People.

■r. ei

Civil and

Free
People.

Convicts in

Hospital and

Quarters.

1 ... 3

1113
1 ... 1 3

1 3

..112

3

1 2

1 3

1 2

1 ... 2

I 1 ... 2

Sick, Hurt, &c, in September, 1796.

54 1 19 j 3 | 1 | ...| 5 | 2 I ...,[ ...

Sick, Hurt, etc., in October.

58 1 21 | 9 | ... | ...| 4,3 1 ...| ...

Sick, Hurt, <fec, in November.

50 | 18 | 9 | ... | ...| 3 | 4 ...| ...

Sick, Hurt, &c, in December.

50 j 19 , 6 I ... | ...I 4 | 4 | ...| ...

Sick, Hurt, &c, in January, 1797.

51 | 21 I 7 | ... I ...| 4 16 1 ...I ...

Sick, Hurt, &c, in February.

50 I 16 | 8) ... | ...| 4 1 3 | ...j ...

Sick, Hurt, &c, in March.

50 j 17 | 8 | ... | ...| 4 | 7 | ...j ...

Sick, Hurt, &c, in April.
49 | 14 | 7 | ... | ...| 3 | 7 | ...j ...

Sick, Hurt, &c, in May.

43 [ 17 | 8 | ... | 1 | 3 | 4 1 ...| ...

Sick, Hurt, <&c, in June.

114 I 17 I 7| 1| ...| 3 | 7 I ...I ...

Sick, Hurt, Ac, in July.
73 1 18 I 14 1 ; ... 6 [ 6 | ...I ...

W. Balmain,

Surgeon to the Settlement.
Genl. Hospital at Sydney, 14th August, 1797.

The Duke of Portland to Governor Hunter.

(Despatch per transport Harwell; acknowledged by Governor

Hunter, 25th July, 1798.)

Sir, Whitehall, 30th August, 1797. 30 Aug.

I have taken into consideration your letters separate of Despatches
the dates mentioned in the margin.* received.

The first, with its inclosures, relative to the requisition from
the Governor and Council of Bengal to allow recruits to be raised

* 15th, 20th and 26th, August, V,

1st, 1st, 5th, 14th and 15th September, 1796.

88 HISTOEICAL RECORDS OF AUSTRALIA.

1797. in New South Wales for our troops in the East Indies, I have

30Aug. transmitted to Mr. Secretary Dundas for his sentiments upon it,

?r°indkm with which I will acquaint you if I receive them from him before

Army. the sailing of the Barwell, transport. I am inclined to think

with you that such a mode of disposing from time to time of the

most restless and unquiet persons in the colony may be of mutual

service to the publick interests both in New South Wales and in

the East Indies.

Health of In answer to yours of the 20th August, I have to observe that

King." Lieut. -Governor King's health, since his arrival here, is so much

re-established as to give me hopes of his being able to resume his

station in due time.

I trust I shall be able to send one, if not two, subaltern officers
with the detachment, which will form the guard of the convicts
who go by the Barwell.
The civil suit I will refer the consideration of the proceedings of the Court

Laycock & ors. °^ Civil Jurisdiction, inclosed in yours of the 26th of August, to
the Attorney and Solicitor General. It is evident that every
attention was duly paid by the Court to the matter before them;
and I am very sorry to observe that the want of respect to the
Court on the part of the defendants was equally evident. It
therefore behoves the Court in all future proceedings to repress
the like disposition whenever it shall appear, by immediately com-
mitting the parties, and punishing them by fine and imprison-
ment, according to the magnitude of their offence; for I need not
point out to you ho,w material it is to the effectual administration
of justice that nothing should be suffered to pass uncensured
which can tend to lessen the respect and reverence due to the
persons by whom it is administered. I cannot but say that it
appears to me that the proceedings were carried to a greater
length than the case required, and that much extraneous matter
was gone into by the parties which was wholly irrelevant to the
fact in question. I mention this upon account of the effect which
your first proceedings may have upon the mode of conducting the
business of the Court in future. And, with that view, nothing
certainly can tend so much to the true and impartial administra-
tion of justice as a strict adherence to the point at issue, and to
the evidence produced by the parties, without suffering the atten-
tion of the Court to be diverted by any foreign or extraneous
matter.

I shall take an early opportunity of communicating with the
Lords Commissioners of the Treasury on the subject of Mr.
Palmer's application, inclosed in yours of September 1st, for
some further allowance or provision.

POKTLAND TO HUNTER. 89

It certainly would be impossible for Mr. Palmer, without ade- 1797.
quate assistance, to continue to conduct the lists of the issues ug'

from the stores in the present manner, supposing the number of J^migga,.^
convicts to be supplied from them to encrease as stated in your administration.
letter. But I trust that the convicts to be supplied from the
stores will not only never exceed a certain number, but that there
will be a progressive diminution in the number of those who are
entitled to be victualled from the public stores; for when the
settlement attains that degree of forwardness which will enable
it to maintain itself in provisions, the settlers will probably be
vying with each other for the possession of the convicts, so as to
take into their service all those who are sent from hence as soon
as they arrive.

As Mr. Balmain's Commission as chief surgeon to the settle- status of
ment is dated the 16th August, 1796, he is certainly entitled from *ur§'e°.n

i f ■ a Balmain.

that time to all the emoluments of that appointment. As to
what he may be entitled to before that period I am not sufficiently
informed, but I will direct an enquiry to be made into the
matter.

You are certainly right in thinking that the proper channel of Macarthur's
conveyance for Captain McArthur's representation was that of reP°rts-
the Governor, and I have not a doubt but that you would have
felt it your duty to have transmitted it to me, accompanied by
such observations upon it as you judged the nature of the case
and the justification of your own proceeding might require. For
this purpose, therefore, I now return you Captain McArthur's
letter, and I will transmit you the answer I shall judge proper to
return to him, when I shall have heard from you upon the sub-
ject. I have at the same time so high an opinion of your pene-
tration and judgment as to leave no doubt upon my mind of your
availing yourself of every suggestion contained in Captain
McArthur's letter, which appears to you to tend to the advantage
of the colony, and to the diminution of the publick expences.

Portland.

[Enclosure.]

Captain Macarthur to The Duke of Portland.

My Lord, Sydney, New South Wales, 15th Sept., 1796.

From a persuasion it is of importance that this settlement Macarthur's
be enabled to maintain itself in food of its own production as criticism of
speedily as possible, and that the heavy expences may be lessened administration
which it is the cause of, I have presumed, to trouble your Grace anda§'ncultuie-
with some observations that a long residence in the colonv has

90 HISTOEICAL RECORDS OF AUSTRALIA.

1797. enabled me to make, and to point out some errors in its present

_^.8' management, which, if not soon corrected, will create more diffi-
CTitfdsm of eulties than ^ has even yet felt.

achSitration If m^ information of the sums expended within the last year

and agriculture, merely for internal produce be not inaccurate, it cannot be

unacceptable to discover a mode of lessening so considerable an

incumberance, nor will your Grace think your time and patience

impertinently trespassed on.

No officer has possessed more ample means of informing him-
self of the produce of the colony, the nature of its soils, and the
manner of cultivating it than myself, I having, after the depar-
ture of Govr. Phillip, receiv'd an appointment from Lieutenant-
Governor Grose that subjected most of our agricultural concerns
to my inspection and control. The experience which I derived
from my publick employ, and the observations that I made in the
management of my private farm, soon enabled me to determine
that it was a most disadvantageous system for Government to
cultivate grain, but that any individual who would pay common
attention to the culture of his farm might, with justice to him-
self, undertake to feed his servants with bread after the expira-
tion of eighteen months from the time of his commencing to
farm.

I calculated that each man would consume twelve bushels of
wheat in a year, and I know that in the worst season one acre of
good land (of which we have an immense quantity) would pro-
duce fifteen bushels of wheat, and that in favourable seasons from
twenty to thirty bushels pr. acre may be expected. From this it
appears that under the discouraging circumstance of an unfav-
ourable season the cultivation of a single acre will more than
supply one man with bread, and that with a fruitful season a
very considerable surplus will remain.

Two men, who have been but little accustomed to labour, can
cut down the trees on an acre of the most heavily incumbered
ground, they can burn them oil it. and completely cultivate the
whole with wheat in one month, without labouring more than
eight hours a day. As the season for sowing wheat commences
in April and continues until the end of July, a settler, beginning
to clear his ground so late as February, can with great ease clear
and cultivate six acres with wheat, allowing him only the assist-
ance of one servant. There will then be, even tho' a month should
be expended in harvest work, five spare months to forward his
little buildings and to cultivate maize and vegetables for feeding
hogs and poultry. By this distribution of the time and labour
of a settler and his servant every farm in the country worth

PORTLAND TO HUNTER. 91

cultivating' will produce a sufficiency of grain to supply with 1797.

bread three times the number of labourers employed on them. soAug.

When his Excellency Governor Hunter arrived in this colony Macarthur's

, /■ -II • i criticism of

I thought it my duty respeetiully to communicate my observa- colonial
tions to him, and the conclusions that I had drawn from them. |Sagf£jSa
He was then pleased to express himself highly gratified at the
opening prospect of the settlement, and to declare a resolution
of pursuing instant measures for reducing the expences of
Government. It is painful for me to inform your Grace that this
resolution has never yet been put in practice, but that, on the
contrary, so great a degree of relaxation was almost immediately
admitted in the conducting every department of the publick
business that I thought I cou'd no longer, with honour to myself,
continue in an office to which there might be the smallest respon-
sibility annexed.

I have the honour of transmitting herewith the copies of letters
relative to the resignation of my civil appointment, and of others
on subjects of agriculture, which will fully explain to your Grace
that I now advance nothing but what I have before communicated
to Governor Hunter, and that my opinions respecting the
resources of this colony are founded on practice, not on wild and
uncertain speculations.

I have declared that, unless our present errors are corrected,
more serious difficulties will yet be felt ; and I hesitate not to say,
further, that the interest of Government is utterly disregarded,
its money idly and wantonly squandered, whilst vice and pro-
fligacy are openly countenanced. I will not, however, substitute
declamatory assertions for specific facts, as it is my purpose to
convince your Grace that I am guided by a spirit of truth and
influenced by a just sense of honour.

Your Grace will observe that Governor Hunter, in reply to my
offer of maintaining one hundred men with bread, free of expence
to the Crown, declined accepting it, assigning as a reason that
there were no labourers to spare. By an examination of the Com-
missary's returns it will be found that more than three thousand
persons are victualled at the stores of Government. From the
Governor's reports it will be seen that not an acre of publick
ground is cultivated; it is also equally certain that no buildings
of any consequences are constructing. It is therefore evident that
almost all the labouring men of the colony are either not
employed at all, or that they are engaged in the service of private
people.

1 c:in prove that many who are fed at the expence of his
Majesty are permitted to dispose of their time as they think
proper themselves; that others are allowed for the service of

HISTORICAL RECORDS OF AUSTRALIA.
1797. convict prostitute women; and that the labour of one-half of the

30 Aug,

Macarthur's
criticism of

people is directed to purposes which can never be of the smallest
utility or advantage to the colony,
colonial A great number are settled on farms without any means being

and agriculture, adopted to ascertain the quality of the soil that is to be culti-
vated, the consequence of which is, that after a year's labour has
been expended it is discovered there is no prospect of such land
ever supporting its owner. Many who are settled in the most
fertile parts of the country are so dissolutely disposed, and con-
firmed in such habits of idleness, that it can never be expected
they will voluntarily labour whilst there is a possibility of sub-
sisting by plunder. Had those men, instead of being permitted
to become settlers, been obliged to employ themselves in the
service of an industrious and vigilant master, they would not
only have produced by their labour enough to maintain them-
selves, but there would have been a surplus to contribute to the
furnishing the civil and military establishments.

When the stores were opened this season to receive maize from
the settlers there was in the granaries more than twenty thou-
sand bushels of wheat; there was also unthreshed near six thou-
sand bushels that was raised under my direction on the publick
ground last year. This wheat was more than sufficient to supply
the colony until next harvest, and it is a fact of which Governor
Hunter could not be ignorant.

Notwithstanding this he has since permitted more than thirty
thousand bushels of maize to be purchased at an expence of near
eight thousand pounds sterling. To what uses this corn can be
applied is not yet known, as it is certain there will be no want
of it.

Had the settlers, instead of having their corn purchased from
them, been obliged to keep it, it is probable they would have
raised an immense number of hogs; but as they have now sold
their grain, and have no means of feeding them, they have no
alternative but to destroy their breeding-sows. Already so many
of those animals have been killed, and bought by Government at
one shilling per pound, that I am convinced the whole race
would be exterminated in a few months but for the care of the
officers of the settlement.

The receiving grain at the stores being entrusted to the super-
intendants who assist the Commissary, those people are at liberty
to issue receipts for any quantity they please, without even the
smallest attempt being made to guard against imposition.

One of the superintendants who is now authorized to give
receipts in this unlimited manner was some time since detected
by me in plundering the storehouse, where he was placed to issue

PORTLAND TO HUNTER. 93

provisions, and he was in consequence of it suspended from his 1797.

office; but after my resignation he was again restored. At this 30 ug'
moment he is possessed of power to disperse receipts to any Macarthur's

B .. 9 criticism oi

amount, without the possibility of being detected if he does it colonial

. , -, -, administration

fraudulently, and agriculture.

We have of late had several ships to visit us from India on
voyages of speculation. Most of them have brought large quan-
tities of sugar, and disposed of it to private people at the rate of
from sevenpence to ninepence per pound. It is not three months
since it was so sold, yet it was not then discovered that Govern-
ment wanted a supply; but within the last fortnight it has been
found convenient to purchase several ton weight of the same
sugar at fourteen-pence per pound, and it is now issuing to every
convict as a part of the ration. I have no means of informing
myself of the expence of this purchase, but I am certain it must
amount to more than one thousand pounds sterling.

It is a melancholy truth, my Lord, that vice of every descrip-
tion is openly encouraged, and it cannot therefore excite much
surprise that the lower order of the people continue their former
practices when those whose situations require the most particular
circumspection of conduct are the most openly dissipated and
abandoned. The papers labelled " Copies of letters relative to
Mr. Richard Atkins " are submitted to your Grace as a proof
that men whose characters are disgraceful to the British nation
may find support and protection in the colony. I am fully aware,
my Lord, that if I fail to prove the truth of what I have asserted
I shall with justice be driven from his Majesty's service with
every mark of ignominy and disgrace.

I have written under this conviction, and have therefore been
particularly cautious to advance nothing but what can be satis-
factorily established.

I am confident that at this moment the colony ought to
maintain itself with bread without expence to his Majesty, and I
pledge myself to prove that in one year, after proper arrange-
ments are made, there will be a sufficiency of animal food raised
to answer every demand for the number of its present inhabitants.
The reasons on which I form this opinion will be seen in the
paper labelled " A plan to encourage the increase of live stock."

In the measure I have taken of communicating my opinions to
your Grace I have been influenced by no private enmities — no
dishonourable purposes. I have been persuaded that silence in
such a case would be criminal, and I could not apprehend danger
in being just. Under this conviction I shall wait the event in
calm expectation. I have, &c,

John McArthur.

94 HISTORICAL RECORDS OF AUSTRALIA.

1797. [Sub-enclosure No. 1.]

30 Aug.

■ Macarthur s Observations on Stock-breeding.

Macavthur's

stod?breerding. Observations humbly submitted to his Majesty's ministers for
encouraging the -increase of live stock in his Majesty's colony
of New South Wales.

That every settler discovering the smallest inclination to in-
dustry be furnished with two breeding-sows.

That these sows be continued as the property of Government,
and that the settler, for his care and expence in feeding them
and their female offspring, be indulged with the whole of the
males they shall produce, provided he raises them to one year
old.

That if after the expiration of two years it shall be seen that
the settler has taken every possible care of the animals entrusted
to him, Government will indulge him with all the females he
shall have raised. And as a farther incitement to care, if it
shall appear that he has particularly exerted himself in forward-
ing the designs of Government, the original sows from which
he has bred will be given to him.

That all barrow pig, if more than one year old, or not weighing
less than seven score pounds, be received into the public stores, at
ninepence per pound.

That persons possessing sows, not the property of Government,
may, on proof of their having a sufficient number to breed from,
return them to the stores, either alive or dead, as the interest of
Government may require, and be paid at the same rate as for
barrows.

That a person of character be appointed to inspect the progress
of every settler monthly, and if any instance shall be discovered
of neglect or ill-treatment of the sows which Government have
lent, the settler so offending to be considered as having forfeited
all claim to future indulgence, and be as severely punished as
the law will admit.

That as the raising of grazing animals is of still more import-
ance than the rearing of hogs, all persons who shall discover a
desire to benefit the colony by their care of such animals will
receive every possible encouragement.

It is humbly presumed that if those measures were adopted,
and some other trifling checks, which experience may point out,
that the colony will very soon produce a sufficiency of animal
food for its own support; and that as soon as this is effected
every settler may be called on altogether to feed the servants
allowed to them.

PORTLAND TO HUNTER. 95

That as by this measure Government will have none to pro- 1797.

vide for but the civil and military establishments, with the few
labourers required for the uses of the stores, the public wharfs,
and as officers' servants, their demand for animal food will be
considerably lessened, and consequently the price of this essential
feecessary of life may be reduced to any sum which Government
in its prudence may deem proper.

John McArthur.

[Sub-enclosure No. 2.]

Captain Macarthur to Governor Hunter.

Sir, 24th February, 1796.

I have for some time observed with a more than usual Macarthur's
degree of concern that the increasing difficulties of my situation iS^ctor°ofaS
would oblige me to decline any further interference in the affairs public works.
of the settlement than what my duty as an officer of the New
South Wales Corps requires.

The difficulties of which I complain I cannot but attribute to a
want of support in the measures I have recommended for the
regulation of the district under my command, and to the loss
of that confidence which your Excellency was once pleased to
express. To continue an office under such a conviction must
inevitably be disadvantageous to the public interest, and degrad-
ing to the person exercising it. I have therefore humbly to
request your permission to resign the appointment I received
three years since from Lieutenant-Governor Grose, and which I
had the honor to receive a confirmation of from you.

I am, &c,

John McArthur.

[Sub-enclosure No. 3.]
Governor Hunter to Captain Macarthur.

Sir, 26th February, 1796.

I, last night, received your letter of the 24th, expressing
your concern that the increasing difficulties of your situation
would oblige you to decline any further interference in the
affairs of the settlement more than what your duty as an officer
of the New South Wales Corps required of you.

The difficulties of which you complain you say you cannot but
attribute to the want of support in the measures which you have
recommended for the regulation of the district under your com-
mand, and to the loss of that confidence which I once professed
to have in you — for these reasons you desire permission to resign
a situation in which you had been placed by Lieutenant-
Governor Grose three years ago.

public works.

96 HISTORICAL RECORDS OF AUSTRALIA.

1797. To this letter I have only to reply that your complaint of want

30 ug" of support in the measures you have recommended can only have

Macarthur's proceeded from my choosing to have some opinion of my own in

resignation as _ . , ' , r d

inspector of those services lor which I leel myself responsible to his Majesty,
and the loss of confidence in you is a conjecture apparently
founded in my wish and desire that every officer should do the
duty he was designed by Government to perform, and my opinion
that no other appointment whatever cou'd be considered as
meant to render him a cypher in the department of which he is
appointed the chief.

My confidence in you has been uniformly conspicuous in every
other respect; but our opinions differing so widely in points
which I conceive [to] be of some consequence to the King's
service, it is impossible that I shou'd object to your wish of with-
drawing your assistance from that which has now become so
very irksome and unpleasant to you. I am, &c,

Jno. Hunter.

[Sub-enclosure No. 4.]

Captain Macarthur to Governor Hunter.

Sir, Parramatta, 27th February, 1796.

The permission which you have had the goodness to grant
me in your letter of the 26th instant, of resigning the appoint-
ment I received from Lieutenant-Governor Grose, has relieved
me from such a multitude of cares that I shall retain a grateful
sense of the indulgence. I cannot, however, quit an arduous
and painful employ, which I have exercised more than three years
without reward, and suffer my motives for so doing to be mis-
understood.

I complained of want of support in the measures I had recom-
mended, not because your Excellency chose to exercise an opinion
of your own different from mine, but because persons were per-
mitted to remove at their pleasure, without acquainting me, the
workmen whom you had placed under my direction, and this so
frequently that I have found it utterly impossible to preserve
any order or correctness in the execution of the business with
which you have been pleased to entrust me. A reference to the
storekeepers' books will satisfy you of the number of men who
have lately quitted the public employ. The whole of those have
removed themselves from the situations in which I had placed
them without either my knowledge or consent, and by accident
alone have I heard that their absence was sanctioned.

Nothing can be more gratifying to me than to be assured I
have suffered no diminution of your confidence — the contrary
belief has been a source of as great concern, nor was the opinion

POKTLAND TO HUNTER. 97

altogether entertained on conjecture. An officer informed me 1797.

that Mr. Atkins publicly asserted at your table that the most 80 Aug'
glaring partiality had been exercised in the receiving maize at Macarthur's

~ , . ■. resignation as

the stores of this settlement. inspector of

_ : - , . n . » ., , , ,T public works.

I heard not that the informer received any check, and 1 con-
sequently concluded that he had met with attention. If it were
possible that I cou'd have encouraged or connived at a practice
so unjust, I shou'd silently have borne the loss of your confidence,
and admitted the justice of the severest rebuke.

I have, &c,

John McArthur.

[Sub-enclosure No. 5.]
Governor Hunter to Captain Hacarthur.

Dear Sir, 29th February, 1796.

Your letter of the 27th, addressed to me as public, does not
require any reply from me which can be considered as involving
the King's service; I do not, therefore, write you formally.

To discuss the various circumstances in which we may have
differed in opinion would only lead into a labyrinth of investiga-
tion, and leave off as little informed as when we began. I shall,
therefore, only remark on what you have noticed was a conversa-
tion at my table. If such a subject was ever agitated there its
impression on my mind had been so very slight that I neither
recollect the circumstance you have mentioned, nor when there
happened an opportunity for the person you have named making
such observations in such place. If ever those hints had been
dropt there, and if it had been intended that they shou'd have
involved you in my censure, it is highly probable that they wou'd
not have been mentioned quite so publicly. I never sanction any-
thing of that nature, nor shall I be ever found to encourage
those who have a turn for acting the incendiary. I can only
express my concern that there shou'd be a single character in this
colony who felt more delight in having an opportunity of creating
distrust and discord than of promoting confidence and harmony.

I am, &c,

Jno. Hunter.

[Sub-enclosure No. 6.]

Captain Maoarthur to Governor Hunter.

Sir, Parramatta, 15th August, 1796.

I have no doubt but your Excellency will instantly recol- Macarthur's
lect that soon after your arrival from England I declared it to F0]??^1 ^
you as my opinion that the officers and persons holding farms 100 convicts.

Ser. I. Vol. II— G

HISTORICAL RECORDS OF AUSTRALIA.

1797.
30 Aug.

ought, in return for the very liberal indulgences granted them, to
maintain their servants in bread, by which means Government
wou'd be relieved from the expence of purchasing grain for the
greater part of the inhabitants of this settlement.

Since I resigned my civil appointment I have had both time
and leizure to consider the subject more attentively, yet I still
retain the same opinion; and, indeed, I am more fully persuaded
of its propriety. I therefore feel that, in gratitude to Govern-
ment for their liberality, I cannot do less than to declare myself
both ready and willing to feed with bread, at my own expence,
the servants that are now allowed me; and shou'd your Excel-
lency consider it advantageous to Government to dispose of any
number of men (not exceeding one hundred) on the same condi-
tions, I will very cheerfully receive them. All I shall require
from the public stores will be tools, cloaths, nails, ironwork for
buildings; and the usual ration of salt meat.

In twelve months, I am of opinion, I can either supply myself
with all those articles, or, if I draw them from Government,
be able to give grain in lieu — valuing both what I receive and
what I return at the English market prices. I will not, how-
ever, positively pledge myself to do all this without expence to
Government within one year ; but if eighteen months be not con-
sidered too long a time to allow, I will unhesitatingly undertake
to do it.

I trust I am too well known to your Excellency to have this
proposal imputed to inconsideration or levity. Assure yourself,
sir, that it is the result of cool deliberation, founded on reason
and experience.

If my example be followed (as I know it can be by every indus-
trious farmer) Government will be instantly relieved from the
expence of purchasing grain for the whole of the labouring part
of the colony; and, after the expiration of eighteen months, the
grain returned to the stores in exchange for tools, cloaths, &c,
will be more than sufficient to answer all the demands of the
settlement for bread for its present numbers.

As a proof that I am not merely a speculative farmer, I beg
leave to point out to your Excellency that I have sixty acres sown
with wheat, sixty-six acres preparing for Indian corn, five acres
for potatoes, and ten acres in gardens and vineyards.

My stock consists of fourteen cows, five oxen, eight mares, two
hundred and ninety-eight sheep, one hundred and sixty-two goatsr
fifty breeding sows, and upwards of one hundred growing pigs.

I have, &c,

John McArthur.

PORTLAND TO HUNTER. 99

[Sub-enclosure No. 7.] 1797.

Governor Hunter to Captain Macarthur. — '

Macarthur's

Sir, Sydney, 18th August, 1796. prop9saito

I received yours of the 15th, on the subject of which I 100 convicts,
have to observe that, much as I have at heart the lessening the
expense of this colony to Government, I yet fear that I have at
present too many difficulties to contend with to be able very soon
to attain, even in a small degree, an object so much to be desired.

The liberality of Government to the different officers who have
employed a part of their time in farming, I hope they are all
sensible of, and I shall no doubt look for and expect that they will
use their utmost endeavours for exonerating Government, as
early as possible, of the expence of maintaining their servants, if
not wholly, at least in part. I have not found any who have
considered their progress in farming to be such as to enable them
yet to make a similar offer to that which you make; they prob-
ably have been rather less fortunate, or have not had the same
judgment in the management of such concerns.

You may be assured I shall never refuse any offer which may
appear to me calculated to reduce the expences of Government,
but at present I find the state of the colony to be such, with
respect to labourers, as well as to tools, nails, iron, and, in short,
every other kind of store, as to put it out of my power to avail
myself of any part of the offer you make, except that of your
furnishing bread for your own servants, an example which I hope
may serve to stimulate others to equal exertions.

I am, &c,

John Hunter.
[Sub-enclosure No. 8.]
Captain Macarthur to Governor Hunter.

Sir, Parramatta, 19th August, 1796.

I had the honour to receive your letter of the 18th instant
this morning, and I shall in consequence of it direct my overseer
to desist from drawing grain from the stores for the ten servants
that are allowed me for the purposes of agriculture.

I beg to assure your Excellency that you have highly gratified
me by your opinion. That my example may stimulate others to
exert themselves in promoting the general interests of the settle-
ment', and as a farther proof that no private consideration can
influence me, when the object to be attained is of such import-
ance, T will (if I obtain your permission) pay the English price
for all the meat my servants draw from the public stores.

I wou'd indeed now offer to supply them with meat from my
own stock, did I consider it likely to conduce to the public

100

HISTORICAL RECORDS OF AUSTRALIA.

1797.
30 Aug.

interest. But as I then shou'd be obliged to destroy my hogs
when only half-grown, you will readily imagine how disadvan-
tageous it wou'd be.

Since I stated to your Excellency the number of my live stock
I have had a very astonishing increase, and as I have still reason
to expect the same success, it is absolutely necessary for me to
erect a variety of additional buildings, which I shall be greatly
distressed to do unless your Excellency can favour me with about
ten thousand nails.

I am fully satisfied that you will ever very readily contribute
all the assistance in your power to those whose industry and
attention appears to merit it. And in this presumption I beg
leave to point out that my servants are much in want of cloathing,
which want I have no means to relieve unless I can be indulged
from the public stores. I have, &c,

John McArthur.

[Sub-enclosure No. 9.]
Captain Macarthur to Captain Paterson.
Sir, Parramatta, 13th September, 1796.

It having been represented to me that his Excellency
Governor Hunter intends making some representation to his
Majesty's Ministers relative to my complaint against Mr. Richard
Atkins, and as I have no cause to be satisfied with the manner
in which my complaint has been treated, or means of knowing
what justice will be done me in the intended representation, I
have thought it proper to prepare a copy of every letter written
on the subject. This copy I have to request you will have the
goodness to convey to Lieut.-Colonel Grose, that the whole may
be laid by him before the Commander-in-Chief.

As I have no motives but what will admit of the strictest
investigation, I cou'd wish that his Excellency Governor Hunter
may be informed of my intentions.

I have, &c,

John McArthur.
[Sub-enclosure No. 10.]
Captain Macarthur to Lieutenant-Colonel Grose.
Sir, New South Wales, 13th September, 1796.

Macarthur's I have the honour to transmit you the copies of some

AtkinT against letters relating to a complaint I have had occasion to make to his
Excellency Governor Hunter against Mr. Richard Atkins, for
insulting me in the execution of my duty, at the post where I
commanded.

Those papers will acquaint you with every particular on the
subject that I have any certain knowledge of; and if any repre-

Captain
Paterson
entrusted with
Macarthur's
letters.

PORTLAND TO HUNTER. 101

sentation shou'd be made by Governor Hunter (as I am informed 1797.
is intended) they will enable you to satisfy the Commander-in- 30 Aug'"
Chief that there has not been the smallest impropriety committed Macarthur's

charges against
on my part. Atkins.

You will observe by the copy of a Regimental Court-martial's
sentence that two soldiers of your corps have been unjustly
accused of robbing the Governor's garden ; and you will instantly
perceive that the charge was made with no view but to stigmatize
the corps and to wound the feelings of your officers.

To have expressed a proper resentment at such conduct, and to
expose the man who is countenanced in so infamous a practice, I
am persuaded cannot fail to receive your particular approbation.

I have, &c,

John McArthur.

[Enclosure No. 1 to Sub-enclosure No. 10.]
Captain Macarthur to Governor Hunter.

Sir, Parramatta, 18th July, 1796.

I yesterday received the accompanying letter, addressed to
the " Officer Commanding a Detachment of the New South Wales
Corps, Parramatta " ; and in consequence of the complaint it con-
tained I ordered Lance-Corporal Townsend into confinement. I
also wrote to Mr. Atkins requesting the name of the soldier
charged with stealing turnips from your garden, at the same time
taking occasion to observe that his wishes in favour of the
corporal were unavailing, as it was never my practice to conceal
fraud or to screen offenders from punishment. In answer to this
I received the letter addressed " Captn. McArthur." Your Excel-
lency will instantly perceive that it was my indispensable duty to
enquire the name of the soldier who had committed the offence
stated by Mr. Atkins, and that in so doing I have been treated
with insufferable insult.

I have not the smallest doubt but that you will see the propriety
of ordering the soldier's name to be communicated to me, that if
he be guilty he may be brought to punishment, and that body
of men who are perfectly innocent may not be stigmatized for the
faults of an individual or two of their number. How far Mr.
Atkins is amenable to rebuke for his conduct your Excellency
alone is capable of deciding.

That his last letter is a gross insult to me in the execution of
my duty I think cannot be disputed ; and I shou'd be wanting in
justice to myself and respect to his Majesty's service if I forebore
to complain or respectfully to claim redress.

I have, &c,

John McArthur.

102 HISTOEICAL EECOEDS OF AUSTRALIA.

2797, [Enclosure No. 2 to Sub-enclosure No. 10.]

30 Aug.

Mr. Eichard Atkins to The Officer Commanding at

Macarthur's

charges against JfARRAMATTA.

Atkins. Sir, 17th July, 1796.

I think it proper to acquaint you that the corporal of
the guard was this morning, between the hours of two and four,
detected stealing of turnips in the Governor's garden. This, I
must say, has been too much the custom, for no later than two
days ago another soldier was detected in the same business. I
make no doubt, sir, but you will give such orders that will in
future effectually put a stop to such practices. For myself I do
not wish the man to receive any other punishment than a repri-
mand, but that is for your consideration.

I am, &c,

Eichard Atkins.

[Enclosure No. 3 to Sub-enclosure No. 10.]
Mr. Eichard Atkins to Captain Macarthur.

Sir, 18th July, 1796.

I do not feel myself inclined to give up the name of the
soldier who was detected three days ago stealing turnips from the
Governor's garden, unless called on so to do by a superior power.
As the man acknowledged his offence, and promised never to be
guilty of the same again, I told him I wou'd not report him to
his commanding officer, and I shall most assuredly perform my
promise. It, sir, has never been my practice any more than your-
self to conceal fraud or screen offenders from punishment ; but
I must observe, if rigid justice is the order of the day, the Lord
have mercy on us all. It is further, sir, necessary for me to
inform you that any letters directed to Mr. Eichard Atkins will
be returned unopened, as not supposing them intended for, sir.

Your obedient servant,

E. Atkins.

[Enclosure No. 4 to Sub-enclosure No. 10.]

Governor Hunter to Captain Macarthur.

Sir, Sydney, 20th July, 1796.

I last night received your letter of the 18th, addressed upon
his Majesty's service; and I have this morning written to Mr.
Atkins on the subject of it and its enclosures. I am desirous of
hearing from him before I give any opinion upon a matter which
requires on my part some consideration.

I am, &c,

John Hunter.

POETLAND TO HUNTER. 103

[Enclosure No. 5 to Sub-enclosure No. 10.] 1797>

Governor Hunter to Captain Macarthur. 30 Aug-

Sir, Sydney, 23rd July, 1796. Macarfhur's

I have this morning written to Mr. Atkins, and have Atkins? aS&n
directed that the name of the soldier accused of having robbed
the Government garden at Parramatta be sent to you. That
gentleman, after having settled it in his capacity as a civil
magistrate, appears to have thought it improper to give up the
man's name; but as he has improperly, in my opinion, taken
notice of the crime, he has been wrong in refusing to give the
name of the criminal in this particular instance.

I must here beg leave to observe that the manner in which you
address him (I mean the superscription of your letter to him)
ought not, in my opinion, to have been noticed by him, whatever
he might have thought or felt upon it. If it was meant to mortify
him as a gentleman, or to lessen him as a magistrate in the eye
of the public, it was in either case wrong, but particularly so in
the latter; and I must cordially acknowledge, when we consider
that the title of Esquire is due to a magistrate unless his par-
ticular profession renders it improper, it appears to me to have
been intended to have either the one or the other, or perhaps both
those effects. I am, &c,

John Hunter.
[Enclosure No. 6 to Sub-enclosure No. 10.]
Captain Macarthur to Governor Hunter.

Sir, Parramatta, 25th July, 1796.

I had the honour to receive your Excellency's letter of the
23rd instant last evening, and I confess my astonishment at the
manner in which you have been pleased to answer my complaint
against Mr. Atkins.

I complained of having received a gross and wanton insult in
the execution of my duty; but instead of receiving redress I am
told my having omitted to bestow the title of Esquire on Mr.
Atkins was intended to wound his feelings as a gentleman, or to
lessen him in the eye of the public as a magistrate.

Surely your Excellency cannot seriously suppose that I cou'd
design to effect either of those purposes by such insignificant
means; for is it possible that the use of a trifling appellation can
produce a change in the public opinion of a man so deeply
plunged in infamy; or how can he be imagined to possess one
feeling of the gentleman when the enormities he is committing
daily are considered.

I have complained of Mr. Atkins because I know myself to
be injured, and I persist in my complaint because I think it
degrading to his Majesty's service that an officer bearing his

104 HISTORICAL RECORDS OF AUSTRALIA.

1797. Sovereign's Commission shou'd be insulted when in the perform-

30Aug. ance of his duty by a man so vile as is the person in question,
cilarg^against ^ your Excellency shou'd see it fit to call on me for a specifi-
Atkins. cation of the facts on which what I have written is founded, and

to substantiate those facts by evidence, I shall with great readi-
ness and pleasure come forward. Both by oral and written
evidence will I prove that Mr. Atkins is a public cheater, living in
the most boundless dissipation, without any visible means of
maintaining it than by imposture on unwary strangers whose
business leads them to this settlement.

I will prove that in his public and official capacity drunken-
ness and indecency are almost inseparable from him; and that
no longer since than the 19th instant he was exposing himself at
an early hour of the morning in the public streets in the most
disgracing state of intoxication. I will prove that very recently
he in a fit of drunkenness wrote such a letter on business to an
officer of my corps as he has since thought it prudent to request
might be destroyed, least it shou'd reach your eye, and discover
to your Excellency how exemplary a character the distribution of
public justice is entrusted to.

I have, &c,

John Mc Arthur.

[Enclosure No. 7 to Sub-enclosure No. 10.]

Governor Hunter to Captain Macarthur.

Sir, Sydney, 29th July, 1796.

Having received and considered the subject of your letter
of the 25th, I have to inform you that I am no advocate for
any man whose public conduct in the particular station he may
fill shall appear to me to be improper, nor desirous of keeping
back the justice which is due to those who feel themselves injured
or insulted. I shall direct as early as possible such investigation
of the charges which you have exhibited against Mr. Atkins as it
is in my power in our present situation to order.

I am, &c,

John Hunter.

[Enclosure No. 8 to Sub-enclosure No. 10.]

Governor Hunter to Captain Macarthur.

Sir, Sydney, 13th August, 1796.

In your letter to me of the 25th ulto., on the conduct of

Mr. Atkins, one of the magistrates doing duty at Parramatta,

you have offered to come forward (if I shou'd desire it) with a

specification of certain charges against him in his public and

PORTLAND TO HUNTER. 105

official capacity; I have therefore to desire that you will, as early 1797.
as convenient, transmit such specification to the Judge- Advocate 80 Aug'
at Sydnev. I am, &c, Macarthur's

J ' ' TT charges against

John Hunter. Atkins.
[Enclosure No. 9 to Sub-enclosure No. 10.]
Captain Macarthur to Judge-Advocate Collins.
Sir, Parramatta, 13th August, 1796.

I this evening received a letter from his Excellency the
Governor directing me to transmit to you a specification of cer-
tain charges against Mr. Atkins in his public and official
capacity.

Concluding, therefore, that you are acquainted with the par-
ticulars of the correspondence on the subject, it is only necessary
for me to say that my assertions (for I have made no formal
charge against Mr. Atkins, except that of his having treated me
with the most contemptuous insolence whilst in the performance
of my duty at the post where I commanded) are founded: —
First. — On his having drawn a bill of exchange in favour of
Captain Bond, of the East India Service, on Mr. Thorn-
ton, of London, with intent to defraud, he having neither
account or credit with Mr. Thornton.
Secondly. — On his having drawn a bill of exchange on an
agent in London, with whom he had neither account or
credit, with intent to defraud Mr. Palmer, the Com-
missary.
Thirdly. — On his being frequently in a state of the most
shamefull intoxication, but more particularly on the
19th of August, when at an early hour in the morning
he was seen exposing himself in the streets.
Fourthly. — On his abusing and ill-treating Mr. Thorp, the
millwright, and William Ridout, for applying to him
for the payment of money he was indebted to them.
Fifthly. — On his stopping Benjamin Carver, a settler, and
forcibly taking from him his property in the public
highway, and distributing it at his pleasure, in defiance
of the poor and helpless owner.
Sixthly. — On his having desired the destruction of one of his
own letters written to Lieut. Cummings, least it should
be produced and prove the follies that are committed
under the sacred name of justice.
Having now, sir, implicitly obeyed the command of the Gover-
nor in stating the facts on which what I have written to him is
founded, I must observe that I have done it merely in obedience
to the Governor, and unless I am called upon to justify myself by

106

HISTORICAL RECORDS OF AUSTRALIA.

1797.
30 Aug.

Macarthur's

charges against
Atkins.

31 Aug.

The case of
John Baughan.

The control
of the N.S.W.
Corps.

producing proofs of what I have advanced I shall feel no further
interested ; for if a man so publicly branded with the commission
of the vilest frauds, and the practice of the lowest vices, be
deemed a proper person to act as a magistrate, or to succeed you
as Judge-Advocate to the settlement, any endeavour of mine to
prevent it I am satisfied must be unavailing. j am ^c

John McArthur.
[Enclosure No. 10 to Sub-enclosure No. 10.]
Judge-Advocate Collins to Captain Macarthur.
Sir, Sydney, 23rd August, 1796.

Mr. Atkins having been furnished with a copy of the
assertions respecting his conduct transmitted to me in your letter
of the 13th instant, and his answers thereto having been laid
before the Governor, I am directed by his Excellency to acquaint
you that he is satisfied therewith. I am, &c,

David Collins.

The Duke of Portland to Governor Hunter.

(Despatch per transport Barwell ; acknowledged by Governor
Hunter, 25th May, 1798.)

Sir, Whitehall, 31st August, 1797.

I have laid before the King your letters numbered from
13 to 21 inclusive.

I take this opportunity of the departure of the Barwell, trans-
port, with three hundred convicts, to give you such answers to
them, and such further directions as his Majesty's service appears
to require.

I have transmitted to his Royal Highness the Duke of York
copies of number 13 and its inclosures. The conduct of the mili-
tary as therein stated is of so flagrant a nature, and so directly
tending to endanger the safety of your Government, that I
cannot well imagine anything like a justifiable excuse for not
bringing the four soldiers who were deposed against to a Court-
martial, and punishing them with the utmost severity.

Without entering for the present into the detail you give of
the nature and description of the persons of whom the New
South Wales Corps is composed, their general character is cer-
tainly an additional reason for maintaining amongst them the
strictest discipline, and for enforcing the most orderly, regular,
and soldierlike deportment. Their refusal of such rations as
were issued to the rest of the settlement is a great aggravation
of their misconduct, and I cannot think it right under such cir-
cumstances to recommend it to his Majesty to make them an
allowance in lieu of short rations, which they ought to be made

PORTLAND TO HUNTER. 107

sensible is a mere matter of favour, and not to be yielded to 1797.
representations made in the manner in which it appears by your 31 Aug-
letter they have been urged by them.

As numbers 14, 15, and 18 relate to the present state and
expences of the colony, I shall consider them together; and I
must confess to you that I cannot observe without infinite sur-
prize and regret the very heavy expences which have been in- The colonial
curred from the 1st of June, 1796, to the 31st August following, expenditure.
which I find amount to upwards of £40,000, exclusive of the
very large supplies which have been sent from hence. From
this it appears that the expence of maintaining the convicts in
New South Wales, without including that of the civil and mili-
tary establishments of the colony or the supplies sent from hence,
is more than two-thirds of what they would have been kept for
in this country.

Upon a very attentive examination of the subject, I am con-
vinced that the greatest part of this expence arises from not
adverting to the original purpose for which this colony was estab-
lished, and from the manner in which the convicts and publick
provisions are disposed of.

Your Instructions were framed with a view to recall your
attention to that object, and I am confident that it cannot but be
attained by a strict adherence to them.*

You will observe that no part of the publick provisions or The problem
stores is to be applied to the benefit of the civil or military of assigned
officers, or to that of any other individual of the colony, except
what they themselves consume ; that every convict you cloath and
subsist for the sole use and benefit of the ofiicers, or of any other
individual whatever, costs Government at least £20 per annum,
and consequently the allowance of thirteen convicts to each
officer is an expence of £260 per annum to Government, which is
to be multiplied according to the number of persons to whom
that quota of convicts is allowed. Hence the expence becomes
as enormous as it is unreasonable, and the publick gets nothing
in return for it, because the convicts are neither cloathed nor
subsisted by the produce of the farms on which they are
employed; but that produce is sold to the Crown, and becomes
the clear profit, or nearly so, of the civil and military officer or
other individual to whom the convicts are allowed.

Your general idea respecting the employment of the coirvicts
by individuals is perfectly well-founded, provided the convicts are
cloathed and maintained by the individuals who employ them;
but the terms on which they have been hitherto employed totally
alter the case, as the individual has all the profit, and the pub-
lick experiences nothing but loss.

* Note 41.

108

HISTOEICAL RECORDS OF AUSTRALIA.

1797.
31 Aug.

Assistance
to resident
settlers.

Assigned
servants
to officers.

Disadvantages
of the
assignment
system.

The individual should pay by his crops, at the market price,
for the provisions, cloathing, and implements of husbandry which
he receives from the publick store for the convicts he employs, by
which a great saving would accrue to the publick, and at the
same time very sufficient encouragement would be held out for
the cultivation of the land.

I see no objection to the allowance of implements, seed, and of
a few convicts (to be subsisted for a limited time from the
store), as an encouragement to actual resident settlers; but that
principle can by no construction be made applicable to the length
of time for which the civil and military officers have been in-
dulged with the labour of thirteen convicts, who have been fed
and cloathed at the publick charge long after the crops raised by
them for their master were sufficient, not only for the subsistence
of such convict labourers, but to leave such a surplus as would
produce the master no inconsiderable profit, and I believe, should
I estimate that profit at £20 a convict, it would not exceed its
real amount. I am therefore of opinion that no more than two
convicts, maintained at the expence of Government, should be
allowed to any civil or military officer within the settlement, and
that none should be allowed to any other description of persons
whatever, except the Governor, who will use his own discretion
in the number he will chuse to employ in his own service for
domestick or agricultural purposes, of which, in the account he
transmits of them, he will distinguish the manner in which they
are respectively employed. A circumstance which most strikingly
points out the propriety of such a regulation, and urges the
necessity of its immediate adoption, is the observation you make
in your report of the live stock and land in cultivation in the
hands of Government, and the officers, civil and military, which
you transmit in your letter No. 20, where you state that, although
the land in cultivation belonging to the Crown is one-third more
than that in the possession of all civil and military officers taken
together, your weakness in publick labourers is such that the
many buildings you are so much in want of find employment for
all of them, and occasions all the land cleared by Government
to be unemployed this year, while four-fifths of that which is in
the hands of the civil and military officers are sown with wheat.
I am far from meaning to assert that the Crown lands would have
been rendered as productive as those in the hands of individuals
by the employment of the same number of labourers; but I shall
insist that, at all events, they would have produced much more
than would have been sufficient for the maintenance of the
labourers occupied in the cultivation of them, and consequently
a saving would have been made in favour of the publick by keep-

PORTLAND TO HUNTER. 109

ing down the price of corn, and thereby holding out encouragement 1797.
for the encrease of the quantity of live stock. I have entered the
more particularly into the detail of this subject, not only because it
is the principal feature of that part of your correspondence
which is now before me, but because it calls for such a radical
reform as may effect a system of real and substantial economy,
and confine the issues from the stores, both in quantity and
method, within such bounds as may prevent the extravagance
and abuses which have attended their delivery.

His Majesty is pleased to approve of your recommendation of Appointment
Mr. Thomas Smyth to be Provost-Marshal in the room of Henry Ma^shafand
Brewer, and I have accordingly directed his Commission to be beach-master,
made out. I shall recommend in the next year's estimate an
allowance to be made to Mr. J. Drummond, who has been ap-
pointed to act as beach-master in Norfolk Island; and the inten-
tion I signified to you in my letter of the 11th August, 1796, of
recommending an additional deputy commissary and two addi-
tional storekeepers to be provided for, has been fulfilled, as you
will see by the within estimate, which I now transmit for your
information and direction.

I must not omit to observe to you that the chartering the Disapproval
Britannia (as stated in No. 17) for the purpose of bringing home °f j^1- enng
the civil and military officers and the invalid soldiers you mention Britannia,
is a measure by which it appears to me that the publick has been
put to a greater expence than the occasion warranted. It is not
usual to pay the expences of officers of the Crown who return
home; but granting that, in so remote a colony as New South
Wales this rule will admit of some relaxation. The proper mode
of doing it would have been to have taken a passage home for the
invalids in any ship, and to have made an allowance for their
passage to those officers only whose state of health required their
return to England.

By the supply of provisions purchased from an American vessel, The
as stated in your letter No. 19, and the very large quantities commissariat,
sent out in the Prince of Wales and Sylph, transports, together
with the provisions in store, such a depot must have been formed
as must be quite sufficient for the use of the colony untill
the spring of the year 1799, or thereabouts, and by that time I
should hope the live stock of the colony will amount to such a
number as to make a material diminution of the quantity of salt
provisions which it may be necessary to send from herfee.

With respect to the want of artificers, as stated in No. 21, I Artificers,
will endeavour to send as many convicts of that description by
the present opportunity as possible.

110

HISTORICAL RECORDS OF AUSTRALIA.

1797.
31 Aug.

Shipments
of stores.

The necessity
for economy.

I should recommend it to you to place under the artificers you
have those convicts whose behaviour and abilities render them
most deserving of attention, and who, by means of encouragement
held out to them, may soon render themselves tolerably expert in
the several trades they apply to.

You will receive by this opportunity the several articles con-
tained in the list inclosed, with the prime cost of each added
thereto, and you are to distribute them to such individuals as you
shall judge proper at the price so specified, in return for which
you will take grain or live stock to the amount of the value of the
articles, according to the price annexed; you will not fail to do
the same with respect to such articles as remain in store, in all
cases, except where they are applied to publick purposes or given
as an encouragement to new settlers. This will relieve the colony
from a considerable degree of expence, and will at the same time
be the means of furnishing the laborious and industrious indi-
viduals with such articles as they may want at the lowest possible
price. I must add that it appears to me that the price paid as
well for grain as for pork received into store has been consider-
ably higher than it ought to have been.

I cannot conclude this letter without repeating to you the
necessity my duty pointed out to me of calling your most serious
attention to the correction of that fundamental and destructive
error by which the public expences of your Government have
grown to such enormous bulk.

But I rely with confidence on your immediate and most effec-
tual endeavours to restrain them in future within the narrowest
limits, and to prevent, as far as human foresight can enable you,
the possibility of future excess. Portland.

[Enclosures Nos. 1 and 2.]

[Copies of the estimates and of the stores shipped have not
yet been found.]

— Sept.

Convicts
and stores by
the Barwell.

The Duke of Portland to Governor Hunter.

(Per transport Barwell; acknowledged by Governor Hunter, 25th

May, 1798.)

Sir, Whitehall, — September, 1797.
I inclose you a list of convicts which go by this con-
veyance, with the original contracts entered into by ,*

the owner of the Barwell, for their safe delivery in New South
Wales, together with his Majesty's Order in Council for the
transportation of those convicts whose sentences required such
order. I also transmit to you a list of those convicts who are
artificers, and concerning whom I refer you to my letter of the

Blank in Manuscript.

POETLAND TO HUNTER. HI

31st ult., and also a list of the several articles for the settlement 1797.
sent in the Barwell, with the prime cost opposite to each article. "~ Sept"
With respect to the manner and the terms on which these articles
are to be disposed of, I have only to refer yon to my letter above
mentioned.

Yon will also receive in a separate cover the plan of a corn-
mill, with the books mentioned in the margin.* The under-
mentioned persons, who are carpenters, but who have lately been
attending to the building and construction of corn-mills, go as
settlers by this conveyance, on the terms specified in Lieut.-Gov'r.
King's letter to you, which is inclosed. Recruiting

Since writing my letter to you of the 30th ult., I have received army.
Mr. Dundas's sentiments with respect to permitting recruits for
our forces in India to be raised in New South Wales; and as it
is conceived that upon the whole the inconveniences of such a
plan would more than counterbalance its advantages, you will
signify to the Presidency at Bengal that such permission cannot
be granted. Portland.

[Enclosures Nos. 1-6.]
[Copies of these enclosures have not yet been found.']

The Transport Commissioners to Governor Hunter.
(Per transport Barwell; arrived at Sydney, 18th May, 1798.)
Sir, Transport Office, 3rd October, 1797. 3 Oct.

We inclose to You, an Invoice of certain Articles, which stores
we have been directed by the Lords of the Treasury to purchase theBarweiL
for the Use of Your Colony, and which, we understand, are to
be supplied to the Settlers at the Cost Price stated against the
several Articles, dealing them out in such a Distribution, as may
prevent Monopoly or Accumulation by any particular Persons.

You will perceive, that, in addition to the Articles above
mentioned, we have also put on board, under the Sanction of the
Secretary of State, almost 40 Tons of Bar Iron, which are to be
subject to the like Regulations.

Samples of the Goods on board the Barwell, will also be
delivered to you, for your further Satisfaction.

Another Quantity of similar Articles may be expected in a
future Ship for the same Purposes, Bar-iron excepted.
We are etc.

Rupt. George Wm. Hy. Otway

Ambrose Serle John Marsh.
John Schank

[Enclosure No. 1.]
[A copy of the invoice of stores has not yet been found.']

* The margin is blank.

112 HISTORICAL RECORDS OF AUSTRALIA.

!797. [Enclosure No. 2.]

3 Oct.

Transport Office, Portsmouth, 17th Sept. 1797.
Invoice of Iron, ordered by the Commrs. for the Trans-
port Service to be shipped on board the Barwell, bound to New
South Wales, on her Arrival in this Port, vizt.

No. Tons cwt. qr. lb.

1975 Bars of Russia Iron assorted

Weighing 39 16 0 0

at £23 10. p. Ton £935 6 0

The Hon. W. Windham to Governor Hunter.
(Per transport Barwell; arrived at Sydney, 18th May, 1798.)
31 Oct. Sir, W.O., 31st Oct., 97.

Leave of It having been represented that Major Foveaux of the

mSot Foveaux ^ew South Wales Corps under yr. Commd. is in an indifferent
state of health, I am to acqt you that should it appear to be
necessary for the benefit of his recovery H.R.H. F.M. the D. of Y.
consents to his being permitted to return to Europe, notwith-
standing the General Regulations which require that a Field
Officer shd. be present with the Corps. I have etc.

W. Windham.

Governor Hunter to Secretary Nepean.
(Per transport Barwell, vid China.)
19 Nov. Sir, Sydney, New South Wales, 19th Nov., 1797.

Having in my letter of August last* written you, for the
information of their Lordships, an account of the very decay'd
state of his Majesty's ship the Supply, and her consequent con-
demnation, I have now the additional concern of requesting you
will be pleas'd to lay before their Lordships the enclos'd report of
The condition a survey which, in consequence of the feeble and leaky state of
ReSufce.' the Reliance, I had found it necessary to direct might be held

upon her defects. She return'd from the Cape to this port, as
the Supply had done, with her pumps going. I have, as well as
our intire deficiency of every article of naval stores would admit,
hove down the Reliance, and found that several of her butts in
the guard-board streak were intirely destitute of oakham, and
that there is much reason to believe from her weak condition that
she will be frequently liable to spring leaks of this nature. I
mean, however, to give her, by a complete set of riders fore and
aft, as much strength as possible. My chief anxiety proceeds
from the disappointment of her services for the present season,
and the intire loss of those of the Supply, the fittest ship of the
two for this service.

* Note 42.

HUNTER TO PORTLAND. 113

I know it to be improper in this way to request a supply of 1797.

naval stores for the use of our floating craft in this colony, and 1? °v*

that my application shou'd be to his Majesty's Secretary of State; ^a^J.sJores
but I am apprehensive a multiplicity of business of more imme-
diate importance, and the being less acquainted with the nature
of that distress which the want of such indispensible necessaries
occasions, my applications already made may have been over-
looked. I have, &c,

Jno. Hunter.
[Enclosure.]
Survey of Keliance.
In pursuance of an order from John Hunter, Esqr., first captain

of his Majesty's ship Reliance, &c, &c, &c, —
We whose names are hereunto subscribed, having taken a strict
and careful survey on his Majesty's ship Reliance, do find as
follows : —

The hull being in a weak and feeble state it is necessary to Survey of
have riders fore and aft, and standers between the riders to each Reliance,
deck, additional bolts to the brest-hooks and transoms where they
can be got in, some hanging knees in the after part of the quarter-
deck to support the stern.

The topside waterways timber head stantions, &c, in want
of caulking; one of the beams in the fore cockpit sprung and in
want of securing. After the whole of the shipwright's work is
compleated to have her compleatly caulked.

A leak close to the keel in the garboard streak on the larboard
side, which will render it necessary to have the ship hove down.

The plank sheer so much split and decayed, together with the
quarter-deck stantions, that it is necessary the whole of the plank
sheer and those stantions should be replaced with new ones.

Until the plank sheer is taken off we are unable to assertain
whether the waterways are fit to remain in the ship.

Thos. Moore. William Stevenson.

Jno. Coldwell. Robert Scott.

Governor Hunter to The Duke of Portland.

< Despatch No. 30, per transport Barwell, via China; acknowledged

by the Duke of Portland, 5th November, 1799.)

My Lord Duke, Sydney, 10th January, 1798.* lo'jan.

Since I had the honor of writing your Grace upon the
concerns of the colony by the ship Britannia (via Canton),
duplicates of which letters I herewith transmit, I had occasion
to send the small Colonial schooner to Norfolk Island, and I have
heard from thence.

See. I. Vol. II— H * Note 43.

114

HISTORICAL RECORDS OF AUSTRALIA.

1798.
10 Jan.

Reports from
Norfolk Island.

Causes of
discontent
at Norfolk
Island.

A public store
required.

The commanding officer* there complains that they are without
wheat, and informs me that the settlers on the island are afraid
to risk any attempt to raise that grain, from the ill success which
has heretofore attended all their efforts; that in consequence of
their endeavours to increase their breed of swine their consump-
tion of maize has been so great that they are become short of that
grain also. For these reasons he reqeusts that I will give him a
discretional power occasionally to raise the price of fresh pork, by
way of encouraging a proper attention to and care of that stock;
but this desire I have not judged expedient to comply with, con-
ceiving it may insensibly lead to inconveniences of some extent.

The settlers have petitioned me to the like effect, and also to
be permitted to build a vessel for navigation between the island
and this place; but as I do not think the reasons urged in their
petition are of sufficient weight, and I suppose that the same rage
for traffic which prevails here has already reached that island, and
will in due time effect the ruin of the settlers there, as it has done
many here, I have positively forbid the building a vessel.

Enclosed is my letter to the commanding officer on the subject
of his complaints, and paper No. 2, which I have sent to be made
public. They certainly labor under very great inconveniences,
and are exposed to numerous impositions in the purchase of such
articles as are occasionally sent from hence for sale there; but
that is an hardship which I have it not in my power to remedy
or remove. True it is that they generally exact an advance of
five hundred per cent, upon the price charged here, and that is
seldom less than an equal increase on the original value, so that
the labor of twelve months will go but very little way in the pur-
chase of those trifling comforts which, until they arrived here,
they may have been all their lives accustomed to receive. This,
your Grace will see, is a very hard case, and, no doubt, furnishes
grounds for discontent.

If what I have said and taken the liberty to suggest in my
letter No. 25, relating to the establishment of a public store on
account of Government, should be adopted, a branch of that store
might be fixed upon Norfolk Island, and I am convinced that
Government might be very moderate, and by a very small advan-
tage might, thro' the means of such a store, lessen the expence of
maintaining the convicts; and was such a store established, I
would recommend that a certain quantity of spirits be sent, for
the purpose of putting an entire and decided stop to the importa-
tion of that article by any but through the immediate channel of
Government. In short, my Lord, I confess myself at a loss what
means to devise for preventing the importation of this article in
large quantities by individuals.

* Note 44.

HUNTER TO PORTLAND. 115

The public labor on Norfolk Island, as well as at this place, is 1798.

now very slowly carried on, for want of a supply of those stores 10 Jan>
which have been long solicited. At this time, my Lord, I am Tools urgently
obliged to order the iron bars from the windows of various build-
ings to work up into tools and implements of husbandry, and we
make nails from old iron hoops. These various wants your Grace
will pardon my mentioning so often.

In the accounts received from Norfolk Island, I am informed The crew
of an American snow,* which had refitted here, having called Endeavour,
there and landed thirty-five people who had been left at Dusky
Bay, in New Zealand, when the ship Endeavour was wrecked
there, about twenty months before. As I had long been appre-
hensive that some of these people might still be in that melan-
choly situation, upon the master of this American having offered
to go thither and take off such people as he might find, and land
them upon Norfolk Island, on condition that I would permit
his taking from the wreck what stores he might want, I refused
my sanction to his taking anything from the wreck,f but said he
might make what terms he could with the people he might find
belonging to her, and that I would give him a letter to the com-
manding officer upon Norfolk Island to permit his landing these
people there. This service he has performed under many diffi-
culties, and has sent me a copy of his agreement with those
unfortunate people whose deplorable situation for so long a time
had given me much concern.

I have now to inform your Grace that on the fifth day of Sep- Piracy
tember last, as our largest and best boat,:}: belonging to Govern- convL2t?Way
ment, was on her way to the Hawkesbury River, carrying thither
a few stores, and to bring from thence some articles wanted here,
a service on which she was constantly employed, she was taken
possession of by a part of the crew, assisted by a few men in
another boat, who threatened the life of the coxswain and all who
dared to oppose them. They put him and three others on shore
at Broken Bay, and went off with the boat we know not whither.
And as another party of those villains went off some time after in
another boat, and the very men who were landed from the first, as
unwilling to go, were a part of the second gang, I am of opinion
it had been a long concerted plan. Not having any fit vessel to
pursue upon such occasion, I dispatched two row-boats, well
armed; the one went about sixty miles northward§ along the
coast, and the other forty miles southward, but without success,
a gale blowing soon after the escape of the second boat, which
obliged the officer in pursuit to land upon the coast. There is every
reason to believe that the last party have perished, as the vessel was
very feeble. Most' of those people were of the last Irish convicts.

* Note 45. f Note 46. J Note 47 § Note 48.

116

HISTOEICAL KECOKDS OF AUSTEALIA.

179S.
10 Jan.

Means of
transit.

An abortive
attempt to
escape.

The fallacy
of lenient
treatment.

Condition
of H.M.S.
Reliance.

Petition from
settlers.

Having very little land carriage yet, for want of a sufficiency
of large cattle, all our business between the different districts is
necessarily carried on by boats. We shall consequently be liable
to such desertions for want of fit craft to send in pursuit. I am
now endeavoring to build one.

A third attempt was preparing soon after the second, of which,
having gained some private information, I was enabled to take
steps for counteracting them. They were suffered to make their
preparations until the night on which they were to have departed,
and I then collected the whole of the constables and seized a party
of fourteen, together with a large deposit of sea stores. I sent for
them the next day, and spoke to them in public upon the madness
and folly of their scheme. They received a severe corporal
punishment, and are now kept to hard labor. I trust this disap-
pointment will serve to discourage similar attempts in future.

These desertions will in some degree serve to show your Grace
that the opinion which I ventured to give in my letter, No. 27,
relative to the proposed plan for catching and curing fish for the
use of the colony, is not wholly without foundation. I must also
beg permission to observe that the lenity and compassion ex-
pressed in England for the survivors of those who went off with
the King's boat in the year 1791* I fear may have contributed to
encourage similar attempts now. Had those people been sent
back and tried in this country for taking away the boat, and for
the perpetrating of other robberies upon that occasion, we should
not have any schemes of that kind projected now.

I send enclosed, No. 3, a list of the deserters, respect'g whom I
have written to the commander-in-chief of his Majesty's ships in
the East Indies, because I think it probable they may have
directed their course that way.

In my letter No. 27 I mentioned the entire condemnation of
his Majesty's ship Supply. I am now sorry to add that the very
infirm and leaky state of the Reliance has obliged me to careen
her, and to give her such repairs as our strength admitted. My
chief concern is that the length of time requisite for such repairs
has completely lost the season for returning to the Cape of Good
Hope for another cargo of live cattle, and has much retarded
many other public works. My complaints relative to the state
and condition of those two ships, from which I expected to derive
so much benefit to this colony, I have made to the Admiralty
and Navy Boards. It is therefore not necessary to trouble your
Grace further upon that subject.

I enclose for your Grace's perusal a letter, No. 4, which I have
lately received from the settlers in one of the districts. T have also
received similar petitions from those of the other districts, in which

* Note 49.

HUNTER TO PORTLAND. 117

they complain of the prices charged them by the different dealers 179s.
to be still higher than those in the enclosed paper. Those being 10 Jan-
out of all reason exorbitant, what may we call the prices on
Norfolk Island?

From this paper, my Lord, you will discover how necessary it is
that their distresses be considered, and that some means be
devised for relieving them in the purchase of such European
articles as they require. The evilg

Notwithstanding the vast number of settlers as appears upon ^^J11*1
the register, I see clearly, my Lord, that unless some mode is
established for putting an effectual stop to the trading of the
officers and others, and consequently to the immense prices from
time to time imposed upon the articles in requisition, instead of
our cultivation encreasing I fear we shall raise less grain every
year. The settlers are so frequently ruined, their crops mort-
gaged, their persons imprisoned, and their families beggared, and
falling back upon the public store to prevent starving through
the heavy debts they contract, having no other means to which
they can apply, that their ground by this means becomes useless
for the want of strength to work it.

These considerations have determined me to use every effort in Reforms
my power to render Government as far independent as possible of
the farms of individuals; but to accomplish that completely will,
require many years, and many hands with many additional
officers, particularly when it is considered what was the state of
the colony when it fell into my hands; however, the efforts of
vigorous exertions are every year more and more apparent, and
I shall consequently raise all the grain I can.

I have began with such strength as I am possessed of to clear
some ground for Government, the distance of near three miles from
Parramatta, in a very beautiful situation ; and a few of the marine Settlers on
settlers are fixed upon the banks of a river which empties itself into
Botany Bay, where the land promises well ; but as I shall now fur-
nish your Grace with a small chart, originally constructed by my-
self, and which I have corrected in an excursion I have lately made
to the southward, your Grace will find these places pointed out.

On this excursion I was highly gratifyed to fall in with an herd The wild
of our wild cattle, in which sixty-seven in number were counted ; catt e'
but having the former year seen a greater number together, I am
of opinion they divide into separate herds. This conjecture was
confirmed soon after by the return of a few officers, who had
taken the same rout. They fell accidentally upon, I believe, the
whole herd together, for they were too numerous to be ascer-
tained, but they judged them to be about one hundred and
Beventy. This is highly probable.

HISTORICAL RECORDS OF AUSTRALIA.

1798.
10. Jan.

Agricultural

superintendents

wanted.

A small river has been lately discovered by a boat I had occa-
sion to send northward in pursuit of the deserters; it is about
sixty-five miles from this part; on its south shore and near the
water a considerable quantity of coal was discovered, and speci-
mens were brought hither.* As soon as the public service will
admit of my absence from hence, I propose to go thither in a
boat and examine this discovery myself, after which your Grace
shall be more particularly informed.

There was a considerable quantity of coal discovered to the
southward of this harbour,f and I directed it to be examined;
specimens were accordingly brought, which I sent to Sir Joseph
Banks by the last China ship. This coal is very good, but
difficult to attain, being a strata or vein of an immense steep cliff,
near the sea, extending eight or nine miles along the coast south-
ward, nor, unless we can find some little harbour near, can we
hope to derive any great advantage from it.

Were I to close this letter without begging permission to draw
your Grace's attention for a moment to a matter which I conceive
of some importance to this colony, I should accuse myself of
neglect of duty. I mean to observe, my Lord, that if so large a
proportion of these lawless and turbulent people, the Irish con-
victs, are sent into this country, it will scarcely be possible to
maintain that order so highly essential to our well-being. Those
whom we have received from that country within the last year
have completely ruined those whom we had formerly received
from England, who, although extremely bad, were by no means
equal in infamy and turbulence to the others until mixed with
them, which it is impossible to avoid. The shocking crime of
perjury is now become so common that it is difficult to bring
the most atrocious criminals to justice. Permit me to hope, my
Lord, that your Grace will consider this evil, and, as far as
possible, have it corrected by a less proportionate supply of such
characters. Our numbers, and the infant state of this colony,
will not admit of its being filled up wholly with the very worst
of characters.

I hope that such of the civil officers of the colony as are absent
from their duty may by this time be on their return, for I am
exceedingly in want of the assistance of the whole of them. My
task has become so extremely arduous and fatiguing that I
clearly see the impossibility of a single individual being capable,
with justice to Government, to attend to the whole of the intri-
cate concerns of this colony.

I am of opinion that your Grace will soon discover the neces-
sity (if Government is to continue to farm so extensively and to
have numerous herds of cattle) that some very respectable persons

Note 50

f Note 51.

HUNTER TO PORTLAND. 119

be appointed to have the immediate care and superintend the 1798.

management of those respective and valuable concerns; for to 10 Jan-
suppose it possible that, in the extended state and concerns of
this colony, the Governor, who has so multiplyed a variety of
duties to do, can possibly attend those, will only be found to occa-
sion much loss, and create an expence far beyond the value of
such appointments.

Permit me, my Lord, before I conclude this letter to recur to
the expences which your Grace has observed is occasioned by this
colony, and on which subject I also some time past heard from
the Treasury.

Suffer me to assure your Grace that the drawing of bills for The colonial
expences incurred in this colony, however necessary and unavoid- expenditure.
able they have hitherto been on my part, is the only duty which
in a long service of his Majesty I ever performed with reluctance ;
it occasions to me a labour and anxiety of mind which very far
surpasses all the fatigues of the body.

It fell to my lot, my Lord, to undertake the business and man-
agement of this colony at a most unfortunate period, not only on
account of the mother country being engaged in an expensive
war, but that its own internal concerns were in a state that I do
not wish, after what I have already said, to repeat, further than
that they have occasioned much expence to the nation, which no
human wisdom could put an immediate stop to ; indeed, my Lord,
it requires time to conquer the difficulties I allude to.

I have in a former letter stated generally from whence those
expences arise. I must again take the liberty of adding to those
remarks that your Grace may not have adverted to the original
allowance of provision issued to the people having been composed
of various articles. Now, having nothing to issue but the salt
provision sent from England and the wheat rais'd in the country,
it becomes necessary to cover every other deficiency with an
additional quantity of wheat, which makes the expence of that
article very considerable. For this expence bills must be drawn
here. You will discover, my Lord, that whilst we continue to
have so great a demand for this grain we cannot expect so early
as we could wish to reduce its price ; but were those articles which
originally constituted a part of the common ration sent us from
England as formerly, we should have less occasion to purchase so
large a quantity. But I must beg to be understood, my Lord, as
not wishing that Governm't should be at this expence whilst we
can raise a substitute in this country, but merely to explain that
if the articles were sent this expence would not appear in the
name of the Governor; but from this vast demand, occasioned by
the chief part of the ration being wheat, the produce of the whole

HISTORICAL RECORDS OF AUSTRALIA.

1798.
10 Jan.

season is scarcely sufficient to bring round the fresh crops. I was
this last season on that account obliged to shorten the allowance
for a time. As far as I can venture to speak from my own judg-
ment and observation, I do not hesitate to consider this country
for the produce of wheat, and probably much other grain, as good
as any I ever knew; and that capable and industrious people, as
farmers, instead of the worthless set we have had, would have
made wonderful progress in a very few years.

I must beg that your Grace will take into consideration another
great cause of the expence with which your Grace appears dis-
satisfied. That instead of those buildings which were necessary
being raised, whilst there were artificers in the colony, and at the
disposal of Government, I found those formerly erected for
various purposes in ruins; the whole towns of Parramatta and
Toongabbee, which were built for the reception of convicts, upon
their arrival, were absolutely in decay. If these undeniable
truths are not sufficient to account for much of our expences,
I must be at a loss what arguments to use. What was therefore
left for me to attend to was evident. I must repair and build
without delay, to prevent that distress, that loss and expencer
which must certainly have attended any indifference on my part.
These facts are too obvious to many on the spot to render any
studied arguments of mine necessary to prove what vast sums
might have been saved by a timely attention to matters of so
much importance. My hands, through these and other means,
have been most completely tied up from those concerns which
your Grace has recommended an attention to, and which I well
know the importance of; in short, my Lord, I can only repeat
my observation that the colony fell under my direction at a
most unfortunate period, and in a very unpleasant state, from
various causes, all of which I trust I shall get the better of, if I
keep my health and your Grace is satisfied that nothing will be
wanting on my part to promote the public interest.

The opinions of the Lord Advocate and the Lord Justice-Clerk
of Scotland relative to the men sent from thence for sedition were
highly satisfactory to me.

Enclosed is a petition from Norfolk Island, No. 5, which I beg
to lay before your Grace.

I cannot help observing, my Lord, that this colony has now
been a long time established without a proper building for the
clergy to perform divine service in, which is really a disgrace to
us as a Christian colony, and had not my hands been so tied up
a church should have been raised long since; but being weak in
public labour, and in danger of considerable loss for the want of
proper public buildings, I have not been .able to attend to so

HUNTER TO PORTLAND. 121

necessary a work, except by involving considerable public expense. 1798.

I trust, however, that I shall very soon be able to lay the founda-
tion of a church.

The ship Supply being completely condemned, I have taken The building
the liberty to lay down the keel of a small brig, for the purpose of of abri?-
keeping up the necessary intercourse with Norfolk Island in the
absence of the Reliance; but we shall want stores if I should be
able to complete her, which I have no doubt off. She will be
from one hundred and twenty-five to one hundred and fifty tons
burthen. I have, &c,

Jno. Hunter.

[Enclosure No. 1.1

Governor Hunter to Captain Townson.

Sir, Sydney, N.S.W., 25th April, 1798.

It has given me much concern that so long a time shou'd Hunter's
elapse since I receiv'd your letters of Aug. and Sept. last by the conditions
the Schooner without having had any opportunity in my power isiSf.folk
of replying to them. But it has been of the less consequence
as the various Articles you apply for, we have not the power of
supplying, nor are our Concerns here under less Embarrassment
than yours can be, in consequence of our repeated demands Home
having been so long unattended to. Every resource which has
been possible to consider or put in practice have been most fully
resorted to here, to prevent our being completely at a stand. The
King's Ships arrived from the Cape in a State of such distress
that the one is since completely condemned, and the other has
ever since been under very heavy repairs to render her fited to
send to Sea. You will from these unfortunate Circumstances see
the impossibility of our having been able to keep up that frequent
intercourse with you which I am desirous of. The continuance
of the War in Europe no doubt contributes much to our many
disappointments.

Amongst the different papers which you have sent for my
Tnspection, I notice a petition of Settlers and others for per-
mission to Build a Vessel for the purpose of obtaining what they
may want from hence at a less expence than they now have them.
This you will inform them is a permission which I can neither
grant them nor to any Person in this Colony, but the purport of
their Application I shall make known to His Majesty's Ministers
by the first Opportunity. I have also a Petition requesting for
the reasons therein given that I will allow the price of fresh
Pork to be raised, this is so very extraordinary a demand, and the
reasons given for it as well in their petition to me as in their
application to you, are so very unsatisfactory, and their not

122

HISTORICAL RECORDS OF AUSTRALIA.

1798.
10 Jan.

Hunter's
criticism on
the conditions
at Norfolk
Island.

having made that application to Govr. King before he left the
Island, or transmitted their petition to England by him are
altogether sufficient cause with me for refusing to give my
Sanction to such a Measure until I have represented it.

The Original price of Pork at this place when so little had
been raised and under much more difficulty and inconvenience
than the Settlers on Norfolk Island have had to struggle with,
has been lately reduced one fourth and taken into the Store at
that reduction, notwithstanding the Cultivation of Land here
requires three times the labor that is requisite on Norfolk Island,
no complaints of this nature have ever been suggested before, I
cannot help thinking them groundless now. To suppose that any
Stock rais'd upon Norfolk Island, where it can be done with so
much less labor and consequently less expence, ought to be
charged as high as at this Settlement where labor is so expen-
sive and where it requires so much, is altogether absurd, one
Man will cultivate more Land on that Island than three will
here in the same time.

I send you a proportion of Salt Provision, to serve those fed
by Government, in case Settlers shou'd decline turning their
Pork into Store, and shou'd that be the case, you will deprive
them of any Indulgence they may have from Government, and
transmit to me a List of their Names, and as I have much
reason to believe, that their extraordinary demand proceeds from
the rage for traffic which seems to have got amongst them, steps
shall be taken to prevent any thing of that kind being aided or
encouraged from hence, and you have it at all times in your
Power to forbid and prevent any thing from being landed on
the Island which you may think dangerous to the order and tran-
quility of the Inhabitants. It has come to my knowledge by
complaints from the Island, that very improper Monopoly have
been practised by some individuals on the Island to the great
Injury of others; I have very particularly to recommend to you
the suppression of such species of imposition, if any shou'd be
found to exist, as the most proper means of preventing com-
plaint and discontent and this you may do by ordering any such
unlawful proceeding, if by a Person holding any Office under
Government, to be reported to me with proofs of their Guilt, if
by any free Person not in the service of the Crown, by ordering
such Person to quit the Island.

Government have no occassion for Mr. Jamison's Goats, His
complaint to you relative to the Hospital He shou'd certainly
have laid before Govr. King, when there might have been more
strength upon the Island, if the situation was not thought
Eligible, as he has been long on the Spot it must have appeared

HUNTER TO PORTLAND. 123

to him before now such complaint to you when your strength 1798.

is so low serves only to Embarress, I hope the Stone one you 10 Jan'
are Erecting will remove those Complaints. Hunter's

f -i-i /-n criticism on

Mr. Edge's application for an allowance for the Clerical duty the conditions
done by him you will be so good as inform him, I will notice island. °
in my first dispatches home, if he can receive any thing for it,
it must be thro' the Secretary of State and not the Governor of
the Colony, that petition also shou'd have gone by Govr. King,
who being on the Spot cou'd have rendered it the more effectual.

The Men allowed to Officers, and others it is to be under-
stood, are only for a time, or until I may receive directions on
that head from the Secretary of State upon that subject, shou'd
any deficiency in their numbers happen, they are on no Account
to be filled up from the Servants of Government; for we must
not suffer the Public Concerns to stand still for the Accommo-
dation of Individuals, they must submit to their share of incon-
venience and not attempt to throw the whole upon the public.
And as I observe you are very Week in Public laborers, you will
order two men from each Officer who have been allowed them and
a proportionable number from others, these with such as I may
have it in my power to send you from time to time will be neces-
sary for enabling you to get some Ground in Cultivation on the
Public Account. I must further observe on this subject that
whenever you may see there is a deficiency of strength to perform
any Public Work, you may have immediate Occasion for, no
delicacy is to be observ'd in calling in the Aid of the Public
Servants lent to Officers or others to Assist in such Work, they
are upon all occasions to be subject to your orders.

You mention discontent amongst Settlers and others pro-
ceeding as they say from the treatment they have received, but
you do not tell me what this treatment of which they complain
has been, nor from whom they have receiv'd it, be so good as
inform me particularly in your next, otherwise it will not be in
my power to suggest any means for removing the cause of such
jomplaints.

With respect to the refusal of the Officers to accept the Ration
of Maize from an Idea that it was different from what was
served here: I am concern'd to even think it possible that any
Officer shou'd so far lose sight of his own situation as to Act
a part so highly censurable and improper it was certainly a very
bad example. to the lower Classes of the People. I shou'd have
rather expected that if there really existed any Just cause of
Complaint, they wou'd have respectfully waited upon you with
their representation, and submitted their Grievance to your
Judgment and decision, who if well founded wou'd no doubt as

124

HISTORICAL EECOEDS OF AUSTRALIA.

1798.
10 Jan.

Hunter's
criticism on
the conditions
at Norfolk
Island.

far as possible have redressed it. The Commissary shall send an
Account of the Ration Issued here, which shall serve as a guide
to the Deputy Commissary on Norfolk Island.

The Men whom you now Receive and who may from time to
time be sent you from hence are always to be Employed on the
Public Account, and none to be given away to individuals; and
when any People are sent from the Island hither or are permitted
to leave it, a List shou'd be transmitted here for my information.
Those Settlers whom you say are determined to leave their Farms
on the Island as soon as their present Crops are gathered, If Free
People, are certainly at liberty to do so, but if they come hither
they will I presume discover when it is too late that they have
deceiv'd themselves, for they will certainly not be permitted to
Settle here, and you may if you please inform them that such is
my opinion and determination.

The scarcity of Indian Corn which you have mentioned is to
me rather an extraordinary Circumstance, where it has all along
grown with so much luxuriance and was never known to have
been different. It is a proof to me that the Settlers have
neglected their Ground and have been Employing their time in
some speculation or concern which they will find in due time
less to their advantage.

What Govr. King recommended to you relative to the Swine
belonging to Government was undoubtedly highly proper, and
demands your utmost attention, but how I can particularly
instruct you from hence upon that Subject is rather a matter of
some difficulty. You will certainly upon the Spot be the best
Judge, I can therefore only recommend, that the Interests of
Government may never be lost sight of in any thing under your
immediate direction, and to say that I trust and believe your
best endeavours will at all times be exerted for its benefit.

As Industry in every description of People is to be encouraged
as far as possible, not only as it tends to the general good and
advantage of the Settlement, but as it is always productive of
Sobriety and good order. You will at all times countenance those
who are attentive to the Rearing of Live Stock of every kind,
as well as in the Cultivation of any little Spot of Ground they
may have, whether they are Convicts or free people, and to this
end they are to be permitted indiscriminately to sell their Pigs
to the Public Store as well as any other description of Persons,
a regular List shou'd be kept by the Deputy Commissary, in
order that they may in their turn be allowed to deliver what
they may have to spare.

I can have no objection to Mr. Clark being allowed to come
here upon his private business, providing you think the duty of

HUNTER TO PORTLAND. 125

his Office can be done in his absence, and as he is not going out 1798.

of the Colony I think the demand of half his Sallary rather an !^'

unjust one, and am much surpris'd that such shou'd have been ^."JJclsm on

made. the conditions

The Complaint of Mr. Brabyn is of such a Nature that I island.0
shou'd have thought it might have been Settled without any
application to me, such matters are and must be attended with
much inconvenience to the Colony, and to the party's, who from
what I observe of the examination taken before the Judge Advo-
cate cannot gain any Credit by a formal investigation of the
matter before a Court of Law.

I enclose you a few printed papers, which you will direct may
be fixed up in the most Public Places, this paper you will Observe
is intended to convince the Settlers, that by entering into any
other business, than that of their Farms and the Rearing of Live
Stock, they will soon lose all they have been Strugling so long
for, as many of our Best Settlers in this Country have already
done, and to inform them, that I have taken such steps and
made such representations to the Secretary of State, as will prob-
ably occasion the adoption of some measure for relieving all
their Difficultys. I am, Sir etc.

Jno. Hunter.

P.S. — Whenever it may be necessary for the Accommodation
of those who receive promissory Notes or Bills drawn on the
Commissary here for Grain or Pork put into the public Stores,
to consolidate those Notes or Bills, by a Set of Bills on the
Lords of His Majesty's Treasury, it becomes necessary that those
Notes so paid shou'd be cross'd out, and sent here as a Voucher
for the Identical Sums drawn for, in order that no mistake may
happen, such vouchers I keep in my possession. The Commissary
will at my desire Instruct the Deputy Commissary on this Sub-
ject. We are looking daily for Arrivals with Stores etc., which it
is probable may have been delayed, thro' a prospect of a general
Pacification, you shall hear from us as early as possible after
any Arrivals.

[Enclosure No. 2.]
Information.
From the Nature of those difficultys of which the Settlers upon Hunter's
Norfolk Island have complained, difficulties which have not until ^oclSatio,ito
very lately been known to have an existence; the Governor is led Norfolk island.
to suspect, that the same rage for Traffic, and an intemperate
indulgence in some of those destructive Gratifications which have
so effectually ruined many of our most forward and promising
Settlers in New South Wales, has reached Norfolk Island.

126 HISTORICAL RECORDS OF AUSTRALIA.

1798. His Excellency from an earnest desire to promote the pros-

lOJan. perity of that Island, and the true happiness of its Inhabitants

Hunter's has since His arrival in this Country, availed himself of every

proclamation to ., * * -,. £ ,1 • -i ,.

the settlers at means or opportunity oi lorwardmg tor their accommodation a
Norfolk island. share 0f sucn little Comforts as accidental Ships may have
brought hither. But he is sorry to observe that instead of those
things being felt an advantage, they appear only to operate as a
Stimulus to more extensive dealings, a circumstance which he
can foresee will terminate in the ruin of many of the Settlers,
for whose welfare he is extremely anxious, he desires therefore
that they will not suffer themselves to be led away from their real
Interest, by speculative Ideas, or a desire of indulging in
dangerous amusements, and to squander away the whole produce
of their hard labor in trifles or in scenes of dissipation which
must eventually end in their complete ruin.

He desires they will persevere with patience in the management
of their Farms and the rearing of Stock, and assures them, that
he has taken such steps as he flatters himself will incline the
Government at home to consider the inconveniences we labor
under in this distant part of the World, and induce them to use
such Measures as will procure us before long every European
Article we may have occasion for at a very moderate expence,
and through that means put an effectual stop to the impositions
under which the industrious Settlers have so long labored.
Sydney Government House,
This 1st day of May, 1798.

By Command of His Excellency,
George Johnston (Aid-de-Camp).

[Enclosure No. 3.]
[A copy of the List of Deserters has not yet teen found.']

[Enclosures 4 and 5.]
[Copies of these two petitions from settlers have not yet been
found.]

Under Secretary King to Governor Hunter.

6th February, 1798.
[A copy of this despatch has not yet been found.]

The Duke of Portland to Governor Hunter.
(Despatch, per transport Britannia; arrived at Sydney, 18th July,

179S. )
Sir, Whitehall, 6th February, 1798.

Convicts by You will receive this by the Britannia, transport, which

Britannia01'* carries out ninety-six female convicts, with provisions with them

6 Feb.

PORTLAND TO HUNTER. 127

for nine months after their arrival in New South Wales. I have 1798.

written to you so fully upon all matters relating to the settle- !_'

ment in my letters of the 31st August last (a duplicate of which j^ortation
goes by this conveyance) that nothing further occurs to me to be °f spirits.
noticed at present, except to repeat to you the instructions you
have received not to permit any spirits whatever, without previous
licence specifying the quantity first obtained, to be landed from
any ship that may arrive within the limits of your Government,
and to take such measures as shall be most effectual for prevent-
ing and punishing any attempts that may be made to smuggle
spirits on shore. To guard more particularly against such a
proceeding, I have apprized the Transport Board of the instruc-
tions in this particular, in order that they may give such
directions, or enter into such covenants with the master of the
transport, as may secure his obedience to the orders you may give
in this behalf.

You will receive under a separate cover a list of the convicts Transportation
which go by this conveyance, with the original contracts entered papeis-
into by the owner of the Britannia for their safe delivery in New
South Wales, together with his Majesty's Order in Council for
the transportation of those convicts whose sentences required
such order.

The Britannia will be almost immediately followed by the
Buffalo, armed ship, which is to relieve one of his Majesty's ships
now under your command. The Buffalo carries out (exclusive of stores by
one year's provisions for the two sloops on your station, and some §ugai0
live cattle for the use of the settlement, which she is to take in
at the Cape of Good Hope) the several articles specified in the
inclosed invoice, for the use of the settlement. Opposite to each
article is set down the prime cost of each article, and you will
take particular care that, in disposing of any of the articles to
individuals, the same shall be sold at the price at which they have
been purchased here, free of any charge for freight. In thus
disposing of any of the said articles you will, of course, consider
yourself at liberty to take grain or live stock in return to the
amount of the value of the articles.

The settlers of the trades particularized in the within list, Settlers,
with their wives and families as also therein specified, will sail in
the Buffalo; and I enclose you a copy of the terms upon which
they all go out as settlers (except Mr. Lewin), and which terms
you will not fail to fulfill.

Mr. Lewin is a painter and drawer in natural history, and The artist
being desirous of pursuing his studies in a country which cannot Lewln-

12!

HISTOBICAL EECOEDS OF AUSTKALIA.

Feb.

Agreement
with settlers.

fail to improve that branch of knowledge, you will allow him the
usual Government rations during his residence in the settlement.

I am, &c,
Portland.
[Enclosures Nos. 1 and 2.]

[Copies of the Invoice of Goods and List of Settlers have not
yet been found.']

[Enclosure No. 3.]
Terms of Settlement.

London, 10th January, 1798.
We whose names are hereunto signed do acknowledge that at our
own request we have offered ourselves as settlers to go to New
South Wales, with our families, on the following terms : —

To have a passage found and our families to be victualled by
Government during the voyage. On arrival in the colony to have
the grant of one hundred acres of land at Port Jackson, or fifty
acres at Norfolk Island. To be victualled and clothed from the
public stores for the term of twelve months after being put in
possession of our respective allotments, and to be allowed the
labour of two convicts (maintained by Government) for the same
term; after which we and our families are to be of no further
expense to the Crown.

To have the same proportion of stock, seed, grain, and agri-
cultural tools as have been furnished to other settlers, together
with such other assistance as the Governor may Judge proper to
afford us.

In witness whereof we have hereunto set our hands on the day
above written. jAMES Thomas. William Weller.

John Bean. Thomas Bradley.

John Hanson.

15 Feb.

The problem
of the Irish
convicts.

Governor Hunter to The Duke of Portland.

(Despatch No. 31, per transport Barwell, via China; acknowledged

by the Duke of Portland, 5th November, 1799.)

Sydney, New South Wales,
My Lord Duke, 15th February, 1798.

I have for some time been in doubt whether the repre-
sentation I am about to make to your Grace should be private or
public, but on considering that it might occasion the adoption of
some measure interesting to the concerns of this colony, I have
preferred the latter mode.

In order that your Grace should have the earliest opportunity
of taking into consideration the subject I am about to introduce,
I could have wished to have been enabled to communicate it
immediately.

HUNTER TO PORTLAND. 129

To come without further preface to the point in question, I 1798.
have to inform your Grace that the Irish convicts are become so
turbulent, so dissatisfyed with their situation here, so extremely
insolent, refractory, and troublesome, that, without the most rigid
and severe treatment, it is impossible for us to receive any labour
whatever from them. Your Grace will see the inconvenience
which so large a proportion of that ignorant, obstinate, and
depraved set of transports occasion in this country by what I
shall now state, and which has taken place since I wrote my
letter No. 30, herewith forwarded.

In addition to their natural vicious propensities they have ignorant
conceived an opinion that there is a colony of white people in iJSoJnvicts.
some part of this country in which they will receive all the
comforts of life without the necessity of labour. They have lately
taken away two of our breeding-mares to carry them towards
that part of the country, and have made several attempts to
possess themselves of others. This, my Lord, is a serious incon-
venience to the colony. The loss of any part of our small stock of
these useful animals is a matter of peculiar concern.

A correspondence it seems has been carried on by these people Their conduct
from one district to another, and plans have been projected for ^suits
their escaping from the colony, and a few have attempted by
land, as well as by water, and for the want of our having early
information they have succeeded. I have found it necessary to
divide them as much as possible, to prevent such schemes being
formed; but by this separation they have a better opportunity
of irritating and inflaming the minds of those convicts who
before such acquaintance have been found of better disposition.

Having already mentioned in my letter, No. 30, the escape
of those who had taken away two of our boats, and the dis-
appointment of another gang and similar attempt, I have now
to inform your Grace of a far more numerous gang, who had Abortive
provided what they thought necessary for their expedition, had attempt to
fiied upon the place of general rendevouz, and were furnished
with a paper of written instructions how they were to travel in
point of direction from hence to this fancied paradise, or to
China. This paper of directions will warrant my suspicion that
some wicked and disaffected person or persons lurk somewhere
in this colony, and I have done all in my power to discover
them, but hitherto without success. Having received early
information of the intention of this party, who were said to
have encreased to about sixty, I planted a party of armed con-
stables, on whose vigilance I could depend, and they secured a
gang of these Defenders of about twenty, and brought them to

Ser. I. Vol. II— I

130

HISTOEICAL EECOEDS OF AUSTRALIA.

1798.
. 15 Feb.

Further
evidence of
ignorance.

An

experimental
expedition
into the
interior.

prison. The next day I spoke to them, but observing a consider-
able degree of obstinacy and ignorance about them, I conceived
there could be no better argument used to convince them of their
misconduct than a severe corporal punishment, which was
inflicted, and they have since been strictly looked after at their
work. Some of those fellows had been provided with a figure of
a compass drawn upon paper, which, with written instructions,
was'to have assisted them as their guide. The ignorance of these
deluded people, my Lord, would scarcely be credited if such
positive proof of it were not before us, and yet (which seems to
imply a kind of contradiction) it is extraordinary with what
art and cunning they form their horrible plans of wickedness
and villainy.

In their schemes of desertion from the colony, their own death,
if they succeed in getting away, is inevitable; but their minds
have been worked up to such a pitch of folly, rashness, and
absurdity, that nothing but experience will convince them; if we
suffer them to escape into the country they are lost, not only to us
but to the world, for perish they must.

For the sake, therefore, of humanity, and a strong desire to
save these men, worthless as they are, from impending death, I
ordered four of the strongest and hardiest of their numbers to be
selected by the people themselves, and to prepare for a journey of
discovery for the satisfaction of their associates, in order that
they might have an opportunity of relating, upon their return,
whatever they saw and met with. I had, farther, for the safety
and preservation of those four, directed three people, long accus-
tomed to the woods, and acquainted with some of the mountain
savages, to accompany them; these men had also a little know-
ledge of the language of the savages, from having lived some
months amongst them, and they were instructed to lead them
back when, fatigued and exhausted with their journey over steep
and rocky mountains, through thick and extensive woods, and
fording deep and rapid rivers, they should feel disposed to
abandon their journey. This plan was no sooner settled than I
received information that a party of these miscreants had agreed
with the four above mentioned to meet them at a certain place
absolutely to murder the very persons intended to be their
guides, and to possess themselves of their arms and provisions, in
addition to what each was supplied with, and to take their own
rout. These circumstances will, no doubt, appear to your Grace
wild and extravagant; but after having mentioned their ignor-
ance in the manner I have, it may serve to convince your Grace
that there are improper persons in this colony who work upon
that ignorance to a dangerous degree. In consequence of the

HUNTER TO PORTLAND. 131

information of this design against their guides, I ordered four 1798.
soldiers to attend them to the foot of the first mountain, with 15 Feb-
orders how to act if any others attempted to join them; none
appeared, and the whole of the men returned with the soldiers,
most completely sick of their journey.

Our flocks and our crops, my Lord, are all I feel any concern The expected
about; strict, rigid, and just punishment shall constantly hang results-
over these delinquents, and this, I trust, they are already con-
vinced of. I hope the return of the above three, and the story
they can tell, will serve to make them more contented with their
present lot, and open their eyes to the comforts which in this
country they may derive and enjoy, and which are certainly
superior to any they ever possessed in their own.

Strange as such instances of human ignorance and depravity attempted
are, I have to inform your Grace that a small party of those very escaPe-
people, some short time after, actually contrived to make their
escape, and after travelling for many weeks through the country
made shift to reach the sea-coast, near Botany Bay, but in a part
where no boat had ever been seen. Providentially, however, a
boat had lost her way in going to George's River, and found those
unhappy, deluded wretches on a place where they had been nine
days, and where they must soon have perished but for this
miraculous event. They were brought back almost exhausted for
want of food, and from sad and powerful conviction have pro-
mised to warn their countrymen against such wild excursions
in future.

I will here take an opportunity of mention'g that those men Another
who had left a part of their crew upon an island to the southward, unsuccessful
and had returned and taken a larger boat at Broken Bay, and escape.
had been wrecked upon the coast to the northward, built out of
the ruins of their vessel a small boat, in which they reached the
above bay; but not being able to possess themselves of another
fit for their purpose, were, for want of food, driven to the
necessity of travelling across the country; they wrote to me, but
it was impossible to listen to their feigned story; they were
armed, and carried some appearance of an intention to defend
themselves; they, however, surrendered themselves up, and were
tried, and severally pleaded guilty of the robberies wherewith
they were charged, and two out of the six suffered death — an
awful example, which, I hope, will have a proper effect, and
prevent such ' attempts in future. Several of them assured me
they had seen the wreck of the first boat — which I mentioned in
my letter No. 30 — and it is very probable the crew have perished.

I have, &c,

Jno. Hunter.

132

HISTOKICAL EECOEDS OF AUSTRALIA.

1798.
1 March.

Surgeon Bass
and his
expedition in
a whaleboat.

Governor Hunter to The Duke of Portland.

(Despatch marked "Separate," per transport Barwell, viti China;
acknowledged by the Duke of Portland, 5th November, 1799.)

Sydney, New South Wales,
My Lord Duke, 1st March, 1798.

The tedious repairs which his Majesty's ship Keliance
necessarily required before she could be put in a condition for
going again to sea hav'g given an opportunity to Mr. George
Bass,* her surgeon, a young man of a well-informed mind and an
active disposition, to offer himself to be employed in any way in
which he could contribute to the benefit of the public service, I
enquired of him in what way he was desirous of exerting him-
self, and he informed me nothing could gratify him more effec-
tually than my allowing him the use of a good boat and per-
mitting him to man her with volunteers from the King's ships.
I accordingly furnished him with an excellent whaleboat, well
fitted, victualled, and manned to his wish, for the purpose of
examining along the coast to the southward of this port, as far
as he could with safety and convenience go. His perseverance
against adverse winds and almost incessant bad weather led him
as far south as the latitude of 40*00 S., or a distance from this
port, taking the bendings of the coast, more than of six hundred
miles. He coasted the greatest part of the way, and sedulously
examined every inlet along the shore, which does not in these
parts afford a single harbour fit to admit even a small vessel,
except a bay in latitude 35*06, called Jarvis's Bay, and which was
so named by one of the transport ships, bound here, who entered
it, and is the same called by Captain Cook Longnose Bay.f He
explored every accessible place until he came as far as the
southernmost parts of this coast seen by Captain Cook, and
from thence until he reached the northernmost land seen by
Capt. Furneaux, beyond which he went westward about sixty
miles, where the coast falls away in a west-north-west direction.
Here he found an open ocean westward, and by the mountainous
sea which rolled from that quarter, and no land discoverable
in that direction, we have much reason to conclude that there is
an open strait through, between the latitude of 39 and 40*12 S.,
a circumstance which, from many observations made upon tides
and currents thereabouts, I had long conjectured.:}:

It will appear by this discovery that the northernmost land
seen by Captain Furneaux is the southernmost extremity of this
coast, and lays in latitude 39*00 S. At the western extremity

* Note 52.

t Note 53. t Note 54-

HUNTER TO PORTLAND. 133

of Mr. Bass's coasting voyage he found a very good harbour; but, 1798.
unfortunately, the want of provision induced him to return 1 arci*
sooner than he wished and intended, and on passing a small
island laying on7 the coast he discovered a smoke, and supposed
it to have been made by some natives, with whom he wished to
have an opportunity of conversing. On approaching the shore
he found the men were white, and had some clothing on, and Discovery
when he came near he observed two of them take to the water of escaped
and swim off. They proved to be seven of a gang of fourteen convicts-
who escaped from hence in a boat on the 2nd of October last,
mentioned in letter No. 30, and who had been treacherously left
on this desolate island by the other seven, who returned north-
ward. The boat, it seems, was too small for their whole number,
and when they arrived at Broken Bay, and they boarded another
boat in the Hawkesbury with fifty-six bushels of wheat on board,
they went off with her northward, leaving the old boat on shore.

These poor distressed wretches, who were chiefly Irish, would Transferred
have endeavoured to travel northward and thrown themselves mainland
upon his Majesty's mercy, but were not able to get from this five hundred
miserable island to the mainland. Mr. Bass's boat was too small Sydney.
to accommodate them with a passage, and, as his provision was
nearly expended, he could only help them to the mainland, where
he furnished them with a musket and ammunition and a pocket-
compass, with lines and fish-hooks. Two of the seven were very
ill, and those he took into his boat, and shared his provision with
the other five, giving them the best directions in his power how
to proceed, the distance being not less than five hundred miles.
He recommended them to keep along the coast the better to
enable them to get food; indeed the difficulties of the country
and the possibility of meeting hostile natives are considerations
which will occasion doubts of their ever being able to reach us.

When they parted with Mr. Bass and his crew, who gave them
what cloaths they could spare, some tears were shed on both sides.
The whaleboat arrived in this port after an absence of twelve Return0f
weeks, and Mr. Bass delivered to me his observations on this Bass-
adventur'g expedition. I find he made several excursions into
the interior of the country wherever he had an opportunity. It
will be sufficient to say that he found in general a barren, un-
promising country, with very few exceptions, and were it even
better, the want of harbours would render it less valuable.*

Whilst this whaleboat was absent I had occasion to send the salvage from
Colonial schooner to the southward to take on board the remain- ^he s.vdlie.v

Cove.

mg property saved from the wreck of the ship Sydney Cove, and

* Note 55

134

HISTOEICAL EECOEDS OF AUSTEALIA.

1798.
1 March.

Discoveries of

Lieutenant

Flinders.

Exploration of
the interior.

Inspection
of the wild
cattle.

to take the crew from the island she had been cast upon. I sent
in the schooner Lieut. Flinders,* of the Reliance (a young man
well qualifyed), in order to give him an opportunity of making
what observations he could amongst those islands; and the
discovery which was made there by him and Mr. Hamilton, the
master of the wrecked ship, shall be annexed to those of Mr.
Bass in one chart,f and forwarded to your Grace herewith, by
which I presume it will appear that the land called Van Die-
man's, and generally supposed to be the southern promontory of
this country, is a group of islands separated from its southern
coast by a strait, which it is probable may not be of narrow
limits, but may perhaps be divided into two or more channels by
the islands near that on which the ship Sydney Cove was
wrecked.

Having had occasion in my letter No. 31 to mention the
persons sent to the interior of the country with a few of the dis-
contented Irishmen, I have further to observe that after the
return of those men the three guides whom I had directed, to
proceed into and make what observations they could upon the
country they travelled over, they informed me when they arrived,
from a journal which I had given them directions to keep, and
to mark every day, that they had been to the south-west of Parra-
matta more than one hundred miles, and found several hills in
which were considered veins of salt, of ten and twelve feet, and
they described the country to be in some places highly beautiful
and fit for cultivation ; in others very poor and sterile, frequently
intersected with narrow but rapid branches of fresh-water rivers,
over some of which they were obliged to swim; others were
fordable4

I have had occasion to send a second time thro' this part of the
country in search of our herd of wild cattle, which it was reported
had been by these lawless deserters driven from their former
station or feeding-place. To insure, therefore, such information
on this head as I could depend upon, I sent a person in whose
account I could place confidence, and I understand from him
that they found the cattle a few miles from their former spot,
and distinctly counted a flock of one hundred and seventy in
number; nor was that the whole of them, as appeared by their
meeting afterwards with a few stragglers.

They brought specimens of the salt, which appeared to be a
good deal impregnated with the earth in which it was discovered.

I have, &c,

Jno. Hunter.

Note 56.

f Note 57. % Note 58.

HUNTER TO PORTLAND. 135

Governor Hunter to The Duke of Portland. 1798.

2 March.

< Despatch No. 32. per transport Harwell, via China; acknowledged
by the Duke of Portland, 5th November, 1799.)

My Lord Duke, Sydney, K S. Wales, 2nd March, 1798.

After what I have communicated with respect to the The condition
frequent misfortunes and ruin of many of our most established
settlers, it may be thought unnecessary to add anything further
on that subject; but the consequences which attend the meeting
of our Court of Civil Judicature every time it has occasion to be
assembled affect our prosperity as a colony in this distant part of
the world so much that I have conceiv'd it right your Grace
should have the most unreserved information respecting our con-
cerns, and also of the steps I conceive proper to pursue for the
general good. Having found from the frequent bankruptcy of
some of our oldest settlers that they have labored under heavy
grievances and distresses, at the last general muster (February) I
called the settlers together, and desired they would lay a clear,
candid, and just statement of their distresses and hardships
before me in writing, in order that I might be enabled to consider
of the best mode of relieving them as far as it might be in my
power. They were thankful, and assured me that their distresses
were great. I directed two gentlemen (the Reverend Mr. Mars-
den and Mr. Arndell) to visit the different districts, to convene a
meeting of the settlers to hear their grievances, and to take them
down in writing.

Your Grace will, therefore, judge of them by the enclosed statement
paper, which was drawn up by themselves and laid before those circumstances.
gentlemen, to be forwarded to me. From every district I have
received a similar representation of hardships, and, at the same
time, their opinions respectively of the most effectual means of
relieving them. I have since met and informed them what steps
I had taken, and what measures I intended further pursuing
for their relief and happiness. They were thankful and pleased
with the proposals I made to them.

You will observe, my Lord, how impossible it is for people
laboring under such circumstances ever to prosper or become
independent and happy; nor will the expences of this colony
be reduced whilst the price of all the necessaries of life are so
immoderately high. I am in hopes that such a step as I have
suggested (if adopted) will be found to reduce the weighty ex-
pences of the colony, and render the people more happy, stimulate
them to industry, and make them more opulent.

At this time, my Lord, we have many dealers ; those and such
of the officers as are concerned in trade pocket the whole produce

136

HISTOEICAL RECORDS OF AUSTRALIA.

1798.
2 March.

Profits
of trade.

Report of
Marsden
and Arndell.

of the laboring part of the settlement, by the extravagant prices
charged for those commodities — indeed, they are but too much
engaged in this way — I wish it were otherwise; but whilst this
destructive system prevails the unfortunate laboring man has no
means of relief.

Your Grace will also receive herewith the observations of the
the two gentlemen upon the different districts they visited and
collected from the questions which I had desired them to put to
the settlers, and their own remarks upon the spot.

It is my intention when the present excessive heat of the sun
is a little abated again to visit the respective districts in person,,
and to do all I can to encourage the settlers to perseverance and
patience until your Grace shall have pointed out the most efficient
means for alleviating their distresses, and exonerating the colony
of such a combination of dealers, a circumstance as truly essential
to its well-being as any step that can be taken, and this, I appre-
hend, will be best done by carrying into execution some of the
measures I have submitted to your Grace's consideration.

I have, &c,

Jno. Hunter.

The settlers'
statement.

[Enclosure No. 1.]

Settlers' Statement to Hunter.

The grievances and complaints of the settlers of the Field of
Mars stated, the 19th February, 1798: —

We, the settlers of ye above district, being this day convened
before the Revd. Samuel Marsden and Mr. Thomas Arndell, sur-
geon, they having been appointed by his Excellency Governor
Hunter to attend for the purpose of learning what grievances we
labour under. His Excellency, in order to remove every difficulty
and obstacle that mars the happiness of settlers, have directed
them to give in a fair and candid state to him of such difficulties
as they complain.

The settlers of ye above district beg leave to approach y'r
Excellency, and most gratefully acknowledge y'r goodness on this
occasion, as y'r immediate interposition will save us from gliding
down that precipice on which we have so long stood. You have
confidently informed us that you will pursue every method that
may be likely to conduce to our happiness and interest. We will
therefore point out to y'r Excellency ye source of our misfortunes,
and what has almost entailed upon us beggary. We will also
point out the method by which they can be effectually abolished,
and which in a short time will relieve us from that load of misery

HUNTER TO POETLAXD. 137

under which we are groaning. It rests with y'r Excellency alone 9H98\

to remove every evil of which we complain, and as they are many

in number we flatter ourselves that a specific statement of them

will be most satisfactory. We will therefore begin by observing The prices

ye exorbitant prices that are charged for every article that a Snan-

settler has occasion to use. commodities.

Tobacco. — This is an article that is more in use in this colony
than even in Virginia, where it grows ; ye consumption in one yr.
amounts to some thousand of pounds. A wholesale dealer in this
colony purchases it at from eightpence to one shilling and six-
pence per pound, yet, shameful to be told, he never retails it at
less than five shillings per pound, and at this moment none can
be had for less than from ten shillings or fifteen shillings per
pound, and still there is abundance in the colony.

Sugar. — This very essential article is purchased from the cap-
tains of ships at sevenpence and from that to thirteen pence per
pound, and it's a fact not to be denied that before such captains
is a fortnight's sail from Port Jackson ye very same sugar is
retailed at two and sixpence and three shillings per pound, and at
this time can't be had for less than five shillings per pound.

Tea. — Not less essential than the former article, and which
comes to ye hands of ye wholesale dealer at from five shillings
to ten shillings per pound. With equal extortion is this article
vended — fifteen shillings and twenty shillings as soon as it's
landed, and at this period can't be had for less than forty shillings
per pound, even common bohea.

It has been observed by opulent men in this colony that tea
and sugar were luxuries to which a settler ought not to aspire.
A most egregious error indeed, because the settlers who can
obtain those articles upon moderate terms use but little animal
food, and consequently is enabled to employ additional assistance
to cultivate his ground, and it is not to ye settler alone to whom
sugar and tea becomes useful, but ye labourer also.

Soap. — That is necessarily wanted by everyone, and which is
generally purchased by the traders from on board of ships at from
ninepence to one shilling and sixpence per pound, is no sooner
landed in their stores than they retail it at two shillings and six-
pence, and now can't be had for less than three shillings and
sixpence per pound.

Cloathing of every kind decency requires us to use, and of
which there is an abundance in ye colony; but at such extor-
tionate prices that settlers can't attempt to buy them. Coarse
callico purchased at about tenpence per yard ye retailer considers

HISTORICAL RECORDS OF AUSTRALIA.

1798.
2 March.

it moderate at three shillings per yard. Cape goods, hardly fine
enough for horse-wrappers, not less than from five shillings to
seven shillings per yard.

Spirits. — Generally purchased at from five shillings to ten
shillings per gallon is now vended at fifteen shillings per bottle.

Having thus far observed to y'r Excellency ye price for which
ye different articles that we necessarily want are bought and sold,
you will readily perceive that our grievances are great, and that
ruin has been pending over our heads too long unperceived
and by far too long without redress. Heaven has now sent y'r
Excellency as the angel of our deliverance; you will abolish ye
evils of which we complain, and by so doing you will raise up to
y'rself a pillar of fame; you will also raise us up from ruin and
distress; y'r humanity will for ever be extolled; y'r penetration
and love of justice will be recorded down to future ages. To
you all the avenues of our hearts are opened, and we fear no
reproaches. You have desired us to speak our sentiments with-
out reserve; you have by so doing merited our candour, and we
trust in y'r protection if our sentiments appear bold.

Thus confiding, we beg leave to proceed and lay before you a
plan by which in future ye grievances complained of never will
appear. Suffer us, therefore, to say that as the colony is now
infested with dealers, pedlars, and extortioners it is absolutely
necessary to extirpate them. We hope to prove to y'r Excellency
the real necessity of their abolition; they are the engines of our
destruction. Can it be otherwise; their extortion appears from
what we have already stated. They are snares for settlers ; some,
for want, entreat of them to give credit for a pound, and if he
succeeds it is at ye expence of drinking £5. This perhaps will
point out to you want of conduct in ye settlers, yet let necessity
plead his excuse. But by what means has a publican in his
power to give credit? Is the property he sells his own, or is he
agent for a better man, or rather a richer man than himself?
Let the colony bear testimony of this. It's well known there is
not one amongst them brought a penny to the colony, and in the
course of two or three years they can mount a saddle-horse, ride
out to a farm and reckon three or four hundred of goats which
they call their property.

Your Excellency no doubt would wish to be informed how it is
possible for them to amass such a fortune. It's partly accounted
for — and further, when the labouring man receives his hire in
wheat he goes to ye publican to obtain articles in exchange. It
is then observed to him with a sneer, " I don't want wheat, but

HUNTER TO PORTLAND. 139

I'll take yours at seven shillings and sixpence per bushel, and give 1798.
you tobacco at fifteen shillings per pound." This is the only
place where such an article can be had, and ye crafty dealer of^^trSera
knowing this holds to his price. and the results-

At this rate a labouring man pays at least thirteen shillings
per bushel for wheat, and sells it for half the sum ; ye prime cost
is ten shillings, and by going any distance ye loss of his day's
work is equal to three shillings more. This same wheat is resold
at twenty shillings per bushel.

It is from this evident to y'r Excellency that if settlers had
articles to pay for labour in lieu of grain, ye lab'r would not
only save the above difference, but ye settlers' work would not be
neglected. It is also productive of another evil — ye labourer not
being able to live by industry, he resorts to his former line of life
and plunders the honest settler. The sober and honest settler,
who ought to be considered as the chief support of the colony, is
by such means often in want of the common necessaries of life,
while an illiterate grog-shop-keeper is rolling in every luxury
that the colony can afford.

To put an end to such practices, let us request of your Excel- a plan for
lency to permit us to become the purchasers of a proportionable proposed,
part of a ship's cargo. We will place in the hands of an agent
what little payments remain from our ruined property for that
purpose, and should it not be sufficient for to pay for a propor-
tionate part of the cargo, your Excellency can run no risk in
advancing in the name of Government what may be deemed
deficient; our grain we will make forthcoming to you as your
security. Our long state of oppression reduced us to raise the
whole sum at our first onset, yet if y'r Excellency will but secure
to yourself our grain there is no manner of doubt but that a
short time will enable us to summount all our difficulties. It
may be said that some few are indebted to individuals upon the
colony who would be rigorous in enforcing payment, but if such
a mode as we have pointed out should be adopted no doubt but
we should soon be enabled to satisfy their demands.

If it meets y'r Excellency's approbation to adopt this plan we
have no doubt but you'll afford us some house room for the cargo,
and when an agent is appointed that will give sufficient security
for his conduct and management, that he will follow such direc-
tion as to you shall seem meet consistent with our contract, and
first we beg leave to observe, —

That it appears highly necessary, when the purchase is made,
that y'r Excellency be furnished with an inventory or invoice of

140

HISTORICAL RECORDS OF AUSTRALIA.

1798.
2 March.

A plan for

reform

proposed.

the cargo and price, and that agreeable to such price you will
establish a fixt price by which it is to be retailed by settlers and
dealers (if any there be).

That no settler ought to draw more from the stores so to be
erected than what will be necessary for cultivating his ground
and for the use of his family; and in order to ascertain with
precision what articles may be wanted for that purpose, that
every settler do give in an account of what number of acres he
intends to cultivate, and that this plan be followed throughout the
colony, extending to the opulent as well as the indigent; the
necessity of this will soon appear to y'r Excellency, for if trade is
suffered to be carried on as formerly all our hopes will soon vanish.

We hope y'r Excellency will view this representation in its
proper light, and give such instructions in future as to you in
your direction may appear proper.

We beg leave to subscribe ourselves, &c,

The Settlers on the Field of Mars.

Settlers in
the district
of Parramatta.

[Enclosure No. 2.]

Eeport of The Eev. Samuel Marsden and Assistant-
Surgeon Arndell.*

General Remarks on the District of Parramatta.

The settlers of this district are in better circumstances in general
than any other in the colony, but this is altogether owing to their
local situation. That they labour under the same general griev-
ances as the rest of ye farmers is evident from their own
statement.

From their vicinity to ye town of Parramatta they derive some
very material advantage as farmers. They can cultivate their
land at a much less expence than ye inland farmers, as the
prisoners employed by Gov't about ye town are very ready to
work for them when their Govern't task is done, not having any
distance to go to their labour; it is well known this is a very
great advantage.

They are also near ye market with their grain, and at a very
trifling expence they are able to lodge it in his Majesty's store,
while the inland farmer is sometimes at a great loss, and always
at a great expence, in bringing his grain to markett.

They have another essential advantage from their situation — ye
vending of their vegetables — potatoes, turnips, &c. — to the in-
habitants of Parramatta; hence it is evident that their local
situation gives them such advantage over ye inland farmer,
which makes all the difference in their circumstances, and no
other cause whatever.

* Note 59.

HUNTER TO PORTLAND. 141

General Remarks on the Districts of Concord and Liberty Plains. 1798.

The land in Concord District is more rich and fertile than any we " — —

have visited, tho' not so good in Liberty Plains. The settlers at dfstrfc^of1*16

Concord informed us that they had from twenty to thirty bushels Liwt^pf^n

per acre of wheat this season. Tho' their ground in general is

very rich, yet the farmers in it are very poor and greatly

involved in debt, and are now living upon credit. Most of them

have no seed wheat, and have every appearance of approaching

ruin. Should a ship arrive with any articles of consumption,

they can't raise a single pound in the two districts. We have

found no district so very poor as those, the Ponds excepted,

which has been long settled. Under their present circumstances

they will not be able long to hold their lands, but must shortly

come to ruin and destruction.

Remarks on the District of The Ponds.
This district was amongst the first settled by Governor Phillip. Settlers in the
It is a well-known fact that ye original settlers in this district the Ponds.
received more live stock and manual labour from Government
to enable them to clear their lands and cultivate their farms than
it has been in the power of y'r Excellency to grant to others who
have become farmers since your arrival. Many of the settlers
and families were maintained from the public store for the space
of three and four years, and had two or three prisoners allowed
them to labour on their farms for the same time, who were both
fed and cloathed from his Majesty's stores also. Notwithstanding
the great assistance these settlers received in stock, provisions,
and labour from Govern't, many of them have been long since
ruined. That nefarious practice (which still threatens the anni-
hilation of this settlement) by encouraging their idleness and
dissipation wrought their destruction. It appears from the report
of the inhabitants of this district that amongst sixteen farmers
who had grants of land given to them four only remain. Part of
those settlers sold their lands to pay their debts, and others rented
them from total inability to carry on cultivation. Some of these
bankrupt settlers, in consequence of their desperate circum-
stances, are become dangerous pests to society, and others remain
a burthen to Govern't to this very day. These are facts, and the
fatal consequences attending upon the introduction of licen-
tiousness and disorder amongst those unfortunate people. There
are now seventeen landholders and settlers in this district, and
320 acres of land cleared. This land has been cleared at an
immense expense ; ye principal part has fallen upon Government.
The greatest part of this land now lies in an uncultivated state,
by reason of the poverty of those people who now possess it.

142

HISTORICAL RECORDS OF AUSTRALIA.

1798.
2 March.

Settlers in
the Northern
Boundary
District.

When we called the meeting on the 20th of Feb'ry, amongst the
whole seventeen families they could not realize more than eighty
bushels of wheat. This small quantity is all they have to depend
upon for support and seeding their ground this season. It may
be alledged by some that ye land in this district is poor, and that
ye poverty of ye soil has been the ruin of the settler. In one or
two instances this probably may have been the case, but it is by
no means general. Many of them are fertile, fine farms; have
produced good crops, both of wheat and Indian corn. It is our
opinion that there is scarcely one single farm in this district but
what would maintain its possessor and family if he was in a
capacity of cultivating it. The price of articles and labour,
which they so justly and loudly complain, renders it morally
impossible for them to get forward and become respectable.

General Remarks on the Northern Boundary District.

Some of the settlers in this district were settled also by Gov'r
Phillip; they received similar indulgence from Government with
the Pond settlers. There is only one of the old settlers now
remaining — John Martin, a sober and industrious man, yet very
poor; ye others are gone to ruin. Those who have had farms
given to them a little before or since y'r Excellency's arrival still
possess them. The recent advantages they have derived from
Gover'nt in being maintained from the public store has enabled
them hitherto to hold their lands, but unless some speedy steps
are taken to remove their grievances, they, in the course of a
short time, must fall a sacrifice, like their neighbours, to avarice
and extortion. The present state of the cultivation of ye farms
of those settlers who have been settled for two or three y'rs past
sufficiently evince that no labour or industry have been wanting
on their part to render themselves easy and comfortable; their
grounds, in general, are in high cultivation, and their present
crop of Indian corn very promising. At the same time, under
such oppresive grievances as they now labour, they must fall
headlong to ruin and destruction, and instead of their becoming-
honest, sober, and industrious members of society, aiding and
assisting in their respective stations to maintain ye good order and
quiet of the settlement, and contributing by their hard labour
towards lessening ye expences of Government, they will be drove
by want and desperation to practice their old vicious habits, and
themselves and families will become again a burthen to the Crown.
These remarks, as they strike us forciably, we take the liberty to
lay before y'r Excellency; ye facts stated are notorious, and ye
inferences drawn from them are such as the wretched experience
of many individuals in this colony have but too often confirmed.

HUNTER TO PORTLAND. 143

General Remarks on the District of Prospect. 1798.

2 March.

This district was originally settled by Governor Phillip; there — —

were not less than twenty grants of land given by him. All those district of
persons Governor Phillip indulged with a farm 'tis well known Pw^pect.
were selected as men of general good character; none but ye in-
dustrious and sober were allowed to become farmers; they also
received similar indulgence with ye other districts from Gov'r
Phillip. At ye time he left the colony ye settlers in every district
were in a promising way of doing well and of supporting them-
selves and families, but upon his leaving ye settlement a material
change soon took place in their circumstances. Those misfor-
tunes were first occasioned by ye introduction of spirits and traffic
amongst themselves. Out of twenty settlers who had grants of
land originally given them by Gov'r Phillip in this district only
six now remain; the rest have either sold or rented their lands
from total inability to carry on their cultivation. The ground in
this district in general is very rich and fertile, so that their
ruined or embarrased circumstances cannot be attributed to the
barrenness of ye soil. Amongst ye present farmers and land-
holders of this district, ten of them had no seed for their ground
with this season when we convened ye meeting: from this cir-
cumstance there is little reason to hope that they will be in a
better state ye next year than what they are this.

General Remarks on the District of the Field of Mars.
The settlers in ye Field of Mars, who had grants of land given Settlers in the
them by Governor Phillip, are in no better circumstances than Field of Mars,
those of Prospect and ye Ponds. Many of them have sold their
farms, and those who still hold them are very poor. From the
whole statement of the settlers, y'r Excellency will easily perceive
that the ruin and distress of the farmer has been general in every
part of the colony, and that those who have been longest settled
are either ruined or most involved, with very few exceptions.
The land in this district is not so good as in some others, ye
banks excepted, which have been granted to different persons
since Governor Phillip's departure; but the old settlers in every
district are nearly upon the same footing with respect to their
ruined circumstances.

General Remarks on the District of Kissing Point.
IN this district there is a greater number of settlers than in any Settlers in the
other. In general, they seem, from the advanced state of ye culti- f^Sng point>
vation of their farms, to be very industrious men. This district
is capable of producing a very large quantity of grain, provided
the farmers in it were only able to carry on their cultivation.

144

HISTORICAL RECORDS OF AUSTRALIA.

1798.
2 March.

Your Excellency will perceive from their own statement ye
difficulties they have to contend with. We doubt not your pene-
tration will view their representations in its proper light, and y'r
goodness adopt such measures as will remedy their grievances in
future. Many of the old settlers in this district are also poor.

General
summary
by Marsden
and Arndell.

General Remarks

upon the Wh

ole.

Names of Original
Settlers.

i

By Whom
Settled.

Number
settled
in each
District.

Number
remaining
different
Districts.

Different Districts.

James Ruse

Govr. Phillip... ...

2

"i

6

Parramatta.
Northn. Boundary .

Prospect.

Robert Webb

Wm. Reid

Phillip Schaffer

Chas. Williams

7

16

20

Jas. Stewart

Chas. Smith

Simon Burne

Wm. Parr

Jos. Carver

Wm. Rowe

Wm. Whiting

Danl. Spencer

Jno. Randall

Jno. Martin

Saml. Barbsley

Geo. Barrington

Geo. List

Wm. Butler

Jno. Kelby

i Edwd. Pugh

! Wm. Parish

Jno. Nicholls

Thos. Martin

Saml. Griffiths

Jas. Castles

Jno. Williams

Jno. Herbert

Jas. Morley

Jno. Brown

Jno. Limeburner

Jno. Traw

Jno. Baughan

Jno. O'Craft

Jno. Merriott

Wm. Egleton

Peter Elm

Jno. Ramsay

Wm. Hubbard

Wm. Field

Jno. Summers

HUNTER TO PORTLAND.

145

General Remarks

upon the Whole — continued.

Names of Original
Settlers.

By Whom
Settled.

Number
settled
in each
District.

Number
remaining
different
Districts.

Different Districts.

Govt. Phillip...

...

...

16

...

8
12

4
3

The Ponds.
Field of Mars.

Matt. Everingham ...

Jno. Anderson

Edwd. Elliott

Edwd. Varndell

Anty. Rope

Jno. Pedzick

Thos. Stewart

Wm. Wade

Alexanr. McDonald...
Jas. Manning

Thos. Swinnerton ...

Thos. Tining

Thos. Cottrell

Wm. Carless

Thos. Chadwick

Jno. Laurel

Jno. Callyhan

Wm. Tyrell

Jno. Beazel

Richd. Hawks

Jos. Hatton

Richd. Cheers

5

Eastern Farms or
Kissing Point.

To

tal

73

21

1798.
2 March.

General
summary
by Marsden
and Arndell.

The foregoing is an exact statement of ye old settlers as we
found them upon this enquiry. It may be proper to observe that
ye first settlers were considered as men of general good character ;
the cause of their ruin and misfortunes may be easily traced in
their own representations from the present involved state of the
present settlers from ye enormous sums which are exhibited
against them at the different Courts of Civil Judicature held
from time to time. From the fall and ruin of their predecessors
it may be fairly inferred that many of them can have nothing but
approaching want and misery in view, the sale of their farms,
and the ruin of their families. Under such circumstances the

Ser. I. "Vol. II— K

U6

HISTOEICAL EECOEDS OF AUSTEALIA.

1798.
2 March.

General
summary
by Marsden
and Arndell.

16 March.

Stores pet

H.M.S.

Buffalo.

Projected
departure of
the Porpoise.

support and prosperity of the settlement must be very pre-
carious. Unless some speedy and salutary measures are adopted
to save the falling landed interest, it is our joint opinion ye
expences of Government and the distress of the farmers will
duly accumulate. The settlers are considered by many, who
probably have never visited their farms or impartially weighed
the difficulties they labour under, as idle, worthless characters,
and that their own imprudencies are the cause of their misfor-
tunes. This, in some particular instances, may be true ; but it is
our joint opinion that it is by no means general. Many of the
farmers are sober, industrious men.

Their own representations sufficiently prove ye true cause of
their grievances, embarrassments, and bankruptcies, and that
their distress is more to be attributed to the hardships they labour
under than their own imprudencies. We have now completed ye
enquiry y'r Excellency requested of us to make to ye best of our
judgment, and hope, from our investigation of the settlers' com-
plaints and grievances, you will be able to derive all ye informa-
tion of those circumstances and situation you wished for. We
shall therefore, with all due respect, lay their representations
before you, and beg leave to subscribe ourselves,

Your Excellency's, &c,

Saml. Marsden,
Thos. Arndell.

The Duke of Portland to Governor Hunter.
(Despatch per H.M.S. Buffalo; arrived at Sydney, 26th April, 1799.)

Sir, Whitehall, 16th March, 1798.

You will receive this by the Buffalo, armed ship, which,,
exclusive of the several articles specified in my letter of the 6th
February (a triplicate of which I have transmitted to you by this
conveyance), carries out the cloaths mentioned in the margin*
for the use of the convicts.

The lists of the female convicts which went in the Britannia,
together with the original contract entered into by Samuel
Enderby and his Majesty's Order-in-Council for the transporta-
tion of those female convicts who required the same, you will
receive by the Britannia under a separate cover.

The Porpoise, armed ship, which will follow the Buffalo early
in the summer, will carry out several complete assortments of
every article necessary for weaving coarse linen. In the interim,
therefore, I cannot too strictly enjoin you to take every possible
means for encouraging the cultivation of flax, and learning such
a number of persons how to weave as the number of looms with
you and in Norfolk Island will allow of.

Marginal Note.— 7,773 shirts, 3,348 pairs hose, 2,566 pairs shoes, 3,848 hats.

KING TO HUNTER.

147

Sailors' frocks, such as are made of Russia duck, and which is
a dress best adapted for the climate of the settlement, may very
soon be provided on the spot by these means without the necessity
of sending them from hence. I am, &c,

Portland.

P.S. — Since writing this letter I am informed that the Buffalo
is already full and loaded, and therefore that the supply of shirts,
hose, shoes, and hats mentioned in the margin cannot be sent by
that vessel; but that they will be shipped on board the Porpoise,
together with the following provisions and slops, viz. : — Pork,
208,600 lb.; sailors' jackets, No. 5,000; ditto frocks, Russia duck,
5,000; trowsers of ditto, 5,000; shoes, pairs of, 2,500.

1798.
16 March.

Under Secretary King to Governor Hunter.

26th April, T79S; 26April.

[A copy of this letter has not yet been found, but the following
return was an enclosure to it.~\

[Enclosure.]
Stores and Implements for New South Wales.
Articles in the Transport Storehouse at Portsmouth, originally stores and
purchased for the coast of France, and now proposed to be imPlements-
sent to New South Wales.

Description.

Quantity.

Price. 1 Remarks.

I

Hats

10,030

2 casks
20 „

3,992 ...
30 grose
12,470

5,000 ...

24,970

186 J lb.
209 .....

at 2s. each

at 1/- p'r hatchet
at 2/10 p'r sett

at 1/1J ea. pair...
at lid. p'r grose
at 15s. each

at 3/5 each

at 3/9 each

at 2/10 p'r lb. ...
at lOd. p'r doz'n

These are strong, round
hats, with deep crowns,
with the brims about
two and a half or three
inches broad.

The hatchets are small.

Hatchets

Horseshoes and

Nails.
Hose, pairs of ...
Hooks and eyes...
Jackets

Common, coarse hose.

The whole are warm
cloathing, but rather
slight of their kind.

The materials for the
shoes are in good con-
dition.

The shirts are all white
or brownish linnen,
and are seemingly of
the quality usually
supplied to soldiers.

Pairs of shoes,
materials for.

Shirts

Thread

Thimbles

148

HISTORICAL RECORDS OF AUSTRALIA.

1798.
18 May.

25 May.

Arrival of
the transport
Barwell.

Hunter's
treatment of
the military.

The colonial
expenditure.

The Duke of Portland to Governor Hunter.

18th May, 1798.
[A copy of this despatch has not yet been found.']

Governor Hunter to The Duke of Portland.

(Despatch No. 33, per transport Barwell, via China; acknowledged

by the Duke of Portland, 5th November, 1799.)

My Lord Duke, Sydney, 25th May, 1798.

After my letters named in the margin* were written and
prepared, in order to be forwarded by the earliest conveyance.
The ship Barwell arrived (18th May) with male convicts and a
few stores for the colony. By that ship I had the honor of
receiving your Grace's dispatch of the 31st of August, 1797.

I acknowledge with concern, my Lord, the justice of your
Grace's remarks relative to the lenity I was induc'd to shew to the
turbulent and refractory conduct of the military, but I trusted
the reasons I gave in my letter on that subject would have proved
satisfactory to your Grace. I stated that it was my intention to
have instituted a criminal prosecution against the principal
parties concerned, and not to have tried them by a Court-martial,
and that I had actually signed a warrant for the apprehending
them, but at the instance of the officers of the corps, the Judge-
Advocate, and the injured party, together with the professions of
contrition made by the troops, as reported to me by the officer
who delivered their different messages, I was prevailed upon to
withdraw the warrant, a circumstance which I had too much
reason afterwards to consider ill-judged on my part and highly
unmerited on theirs, and I have since been convinced that the
messages I received from them by Captn. McArthur were of a
more moderate nature than they had authorized him to deliver.
The internal discipline of the troops being a duty more imme-
diately under the direction of their own officers, I can only
assure your Grace that the more strict it is the more satisfaction
I shall receive, as it will be the means of saving much trouble
and anxiety to me in my situation as the chief magistrate

Your Grace has expressed much surprize and regret at the
expences of this colony from June, 1796, to the August following.
And I can assure you, my Lord, that I am particularly hurt when
any occasion appears to your Grace for calling into question the
want of (economy in the affairs of this colony.

I did hope that I had accounted in the most clear and satisfac-
tory manner for the various sums which had been unavoidably
drawn in my name, but I am sorry to observe that neither the

* Marginal Note— No. 30, 10th January, 1798 ; No. 31, 15th February, 1798;
No. 32, 2nd March, 1798. Separate, 1st March, 1798.

HUNTER TO PORTLAND. 149

Commissary's vouchers nor the manner in which I have explained 1798.

them have been sufficient to satisfy your Grace of the indispens- 25 May'
able necessities which' had occasioned them. ?fnterSf h"

Your Grace can scarcely suppose me responsible for the errors administration.
of a system established for the management of this colony long
before it fell to my care, and which I am concerned to have had
occasion to say so much to shew your Grace that to get the better
of those inconveniences was not the work of one day or one year.
I certainly shall hold myself accountable for my own conduct; but
to have the errors or mistakes of others to explain away is surely,
my Lord, a most mortifying consideration; and I am confident, if
your Grace had sufficient leisure to look minutely into my com-
plaints, I should presently feel relieved from the anxiety which
that circumstance alone has occasioned me.

The sum which your Grace has mentioned did not accumulate,
nor was it incurred, between those periods. A great part of it
had been due before my arrival in the country, and under a
former administration here; neither had it been consolidated by
bills in due time, but was left to be drawn for after my arrival,
and before I could well know the true state of the colony. Nor
was this all; considerable part of this sum was incurred on
account of Norfolk Island, and had been refused to be consoli-
dated by Lieut.-Governor Grose. This, and a variety of other
circumstances, all tending to the same effect, are within my
possession, and incontrovertibly convince me that a plan had been
previously concerted for bringing the odium of these expences
upon me. But you, my Lord, will deem me answerable only for
my own conduct, and with respect to the concerns of this colony,
which I must again declare were on my arrival in the most per-
plexed state. Your Grace will suffer me to assure you I had
difficulties and embarrassments to wade through which I have
hitherto been unwilling to particularize, but they are well known
to many in this colony, and it is also well known what scurrilous
abuse, and what infamous and cowardly attempts have been
anonymously made to asperse my character for the steps I was
from time to time taking for the public good, and in order to re-
lieve the colony from the confused condition in which I found it.

These matters, my Lord, contemptible and frivolous as they
must ever be held by a virtuous and upright character, are
nevertheless irksome and vexatious. Your Grace will be pleased Antagonism
to understand that there are at this time two distinct interests and^p^at?1"5
in this colony — that of the public, and that of the private indi- interests-
vidual; and it is natural to infer that those separate interests
have constantly been in direct oposition to each other. In pro-
tecting the first, I am sorry to say, I have generally found myself

ir>o

HISTORICAL RECORDS OF AUSTRALIA.

1798.
25 May.

The system
of issuing
Government

notes.

Storekeepers'
receipts as a
circulating
medium.

Norfolk Island
expenditure.

alone ; to get the better therefore of difficulties which stood in the
way of that interest, I have unremittingly exerted every means
our embarrassed circumstances admitted of, and I have pleasure
in saying that they are now drawing to a close; but I must add,
my Lord, to get completely the better of all those embarrassm'ts,
Government must lay an axe to the root of our commercial deal-
ings, and order its officers to attend less to those private con-
siderations which I have often had cause to observe are constant
sources of jealousy and discontent amongst themselves, as well as
being attended with much pain and trouble to me.

Your Lordship will here give me leave to observe how the vast
sum which your Grace has noticed appears to have been incurred
in so short a time, for in fact it was not virtually so. It had
been the custom in this colony, for want of current specie, for
the Commissary to issue in his own name, on Government
account, notes, payable on demand, for all grain or other articles
taken into the public store from individuals. Those notes may
continue for any length of time in the hands of their possessor, or
pass as money for their value in the colony, and at any con-
venient time the holder may bring them forward and receive a
bill upon the Lords of his Majesty's Treasury for their amount.

Considerable part of the sum your Grace has mentioned will,
as I have already observed, appear to have been notes of this
description which had laid dormant for a length of time before
my arrival, consequently the propriety of such issue I could not
be any judge of, although it was so managed as to become my
duty to consolidate them.

It had been also customary in this colony for the notes or
receipts for grain of the very storekeepers to pass current for
their value. I very early discovered the danger of this custom,
and forbid it in the most positive manner in Public Orders
issued on the 15th June, 1796. I also considered it improper that
any notes payable by Government should be issued without the
Governor's approbation, and I have ever since subscribed my
name to such notes, without which none of them are valid. This
had never been the case before, but I conceived that no money
should be paid on the public account without the knowledge of
the commander-in-chief. Whenever any number of notes are to
be drawn for, they are laid before me as a voucher for satisfying
me of the necessity of such bill, and the notes are cancelled. This
measure I trust your Grace will approve, and I hope you will
pardon me, my Lord, if I express a wish that the expences of
Norfolk Island could be held entirely separate from those of this
colony, and that the Lieut.-Governor or officer commanding there

HUNTEK TO PORTLAND. 151

should be considered as the fit person to draw the requisite bills, 1798.

instead of giving drafts upon the Commissary, which renders it 25 May-
necessary for bills being drawn for those sums in the name of
the Governor here. These, I fear, my Lord, are on a slight
■examination too often confounded with the expences of this
colony, being subscribed by the Governor; by such means the
officer comanding on that island appears to have created no
expence, whilst the Governor-in-Chief is loaded with the whole
sum as if for this colony.

The instructions to the Governor, my Lord, have been the same Governor's
from the beginning; had they been from that time as uniformly ignored.10"55
adhered to, or as little deviated from as I hoped to have found
them, I should have discovered upon my arrival everything mov-
ing on generally upon the same plan which was at first established
upon those instructions, but your Grace will have discovered from
some part of my correspondence that this was not the case, and
the change, I found, was such as required some time to alter.

The colony has been since my arrival greatly distressed for The purchase
stores of various kinds, and I have been unavoidably driven in ° ores*
some instances to the necessity of purchasing. If the very liberal
supplies which seem to have been sent out formerly were lavishly
used and improvidently exhausted, I will only observe that the de-
ficiency was too expensive not to be felt with anxiety and concern,
as well by myself as by every person wishing well to the colony.

I have formerly mentioned, my Lord, that the number of men Assigned
lent to officers was a measure of Lieut.-Governor Grose's, and I servants-
gave your Grace my reasons for continuing a certain number of
them, which were, if I withdraw them the colony would be with-
out bread, because their farms could not be worked for want of
strength. I have now, agreeable to your Grace's opinion and
•directions, offered to the officers such number of men as they can
afford to maintain and the public service can spare, exclusive of
the two which your Grace is pleased to allow them at the public
•expence. With respect to myself, all that I require is a boat's
crew for the public service, and a few domestics, for I have no
concerns of a private or particular nature which require any
partial indulgence.

I will here take an opportunity of pointing out to your Grace Allowances
that as there are several officers employed in fatiguing extra officer?1"
■duties, for which no salary or allowance whatever is made, such
as magistrates, &c, &c, I hope there may be no impropriety in
rewarding their exertions by such additional assistance as may be
thought adequate to their services.

I am sorry to find that your Grace disapproves of my having
chartered the Britannia. Your Grace's humanity will no doubt

South Wales.

152 HISTOEICAL RECORDS OF AUSTRALIA.

1798. contrive some other means of relieving people laboring in this

25 May. distant part of the world under worn-out constitutions and
narrow circumstances.

The salted provision which your Grace has mentioned will
nearly last the time proposed; but I beg to observe, my Lord, that
the quantity of live stock in this colony, as will appear by the
enclosed return, is by no means equal to the feeding the number
Comparison of people in this country. I fear, my Lord, that it is too much
NoXik Malid* the custom to contrast Norfolk Island with this colony. I do not
and^r\New hesitate to say, and to prove, that they will not admit any
comparison. Norfolk Island, to which I am not a stranger, pro-
duces a food for hogs which grows in great abundance spontane-
ously; the people there can inclose such grounds as produce this
kind of food, and run no risk, even without an herd, of losing
their stock, and were they even to stray they cannot get out of
the island; when they design them for slaughter they shut them
up in styes and feed them with maize.

In this country we have no food for the sustenance of such
stock but what must be raised by hard labour; and the poverty
of the settlers, who are deprived an opportunity of getting what
they want at a moderate price, is such they cannot hire the
requisite labourers; they cannot let their hogs run loose because
they will inevitably lose them in the woods. But after all these
difficulties, my Lord, I will venture to assert that there are more
people fed wholly on swine's flesh in this settlement than twice
the number contained on Norfolk Island, exclusive of strangers,
who live chiefly on fresh food whilst here, at an exorbitant price,
which naturally inclines those to whom it belongs to prefer that
kind of market instead of bringing it to the public stores at a loss.
But your Grace may probably not have adverted to one -third of
the numbers in this colony; being people independant of the
public store, they consume the whole of the fresh provision which
is at present raised. If, therefore, we are left without the neces-
sary supplies of salt provisions, the whole live stock of the colony
would be destroyed in twelve months, and the colony thrown back
some years. Were it possible to have removed from the colony
the convicts whose term of transportation might be expired, the
quantity of swine's flesh raised here would then make some
figure in feeding the colony, but it requires the whole or the
greatest part to feed the free people ; whenever there is a surplus
the store is opened for its reception, and the salted provisions
saved.

After what your Grace may have already understood relative
to Norfolk Island, I am not desirous of saying anything further
upon the subject, nor will I press my opinions more than I have

HUNTER TO PORTLAND. 153

done in former letters; suffice it, my Lord, to observe that the 1798.

extent of this island appears to be forgotten in the advantages of 25 May*

its feeding a certain number of swine. I am inclined, however,

to believe that such will be the principal or only object, and that

as often as we have opportunity the inhabitants will require to

be supplied with bread from hence, whereas we shall not, I trust,

be necessitated to have recourse there for anything, unless they

can supply a little salted pork, which, had they materials, such as

proper salt-pans, saltpetre, and coarse sugar, I am of opinion they

could.

With respect to the employment of the young male convicts. I The
have ever made it an invariable rule to place all of that descrip- young convicts.
tion under the immediate direction of the superintendant of some
artificer's gang, in order that they be rendered useful mechanics
in time, and the country of course benefitted by their labors.

The assortment of stores sent in this ship has afforded me
some pleasure, as the settlers will be thereby enabled to receive
the necessary tools at a moderate expence.

It has also given me the greatest satisfaction to find that your Deputy Judge-
Grace has sent out a professional gentleman of the law in the
capacity of Deputy Judge-Advocate to this settlement. Such
a character was highly essential to the interests of this colony,
and, independant of my personal regard for Mr. Dore,* I have, in
honor to your Grace's recommendation, apointed him my secre-
tary, and he will in future have the regulation and direction of
my dispatches to your Grace.

I have already explained to your Grace in another letter the
cause of the high price of grain. Should my idea of a public The price of
store on the part of Government, upon an extensive plan, for the conimo * ie--
retail sale of the various articles of comfort and convenience, be
adopted, the price of grain must immediately fall, and in the end
operate as an encouragement to industry; but without some such
measure the settlers cannot live, and far less provide for a family.
The speculators who call here, and the ruinous traffic which is
carried on through those monopolies, which are made in opposi-
tion to my repeated orders and endeavours to prevent, will,
beyond a doubt, without the interference of Government, keep the
settlers, &c, in a continual state of beggary, and retard the pro-
gressive improvement of the colony.

The artificers which have arrived in the Barwell will enable me Artificers.
to discharge from wages those whom I had been obliged to hire
for completing the granaries, storehouses, and barns which I have
had occasion to erect.

From the long continuance of the war, I have judged it requi-
site, as far as our small force could admit, to erect a few redoubts

* Note 60.

154

HISTORICAL RECORDS OF AUSTRALIA.

1798.
25 May,

Fortifications.

for a battery. I therefore feel myself much in want of the
assistance of an engineer, and also of small arms, with flints,
balls, and other amunition, for furnishing the inhabitants with
proper means of defence. I understand it was the intention of
Government to appoint an engineer, and that Lieutenant Dawes,
then of the marines, was the gentleman proposed on the occasion.
If Mr. Dawes could be found, I shall be happy to have his assist-
ance as an engineer, conceiving him to be eminently qualified;
and your Grace may be satisfied, from the very extensive improve-
ments in this colony, if such an appointment was deemed
expedient in the early establishment of it, how far more necessary
must it now be to take place. I have, &c,

Jno. Hunter.

[Enclosure.]
[A copy of the return of live stock has not yet been found.]

4 June.

Governor Hunter to Under Secretary King.
(A private letter, per transport Barwell, via China.)
Sydney, New South Wales,

My Dear Sir, 4th June, 1798.

Hunter's The vast multitude and variety of circumstances which

correspondence. continually occur in this Government to occasion letters to the
Duke of Portland of much greater length than it is either
pleasing or convenient to me to write or to trouble his Grace with,
have given me more uneasiness than all my other fatigues. I
trust, however, that, after what I have already had occasion to
say, some steps will be taken for relieving some of those anxietys,
and for giving me less occasion to dwell so frequently upon
them.

An anxious desire for the prosperity of this colony, at the
planting of which I was present, and had some share in, does
sometimes occasion my saying more than may be pleasing; but I
shou'd feel myself diffident in a due attention to the public ser-
vice were I to be perfectly silent upon such subjects.

You will see, my dear sir (and you will probably not thank me
for it), that, unwilling to be more circumstantial with his Grace
than may be absolutely necessary, I now and then take the liberty
of insinuating to you in a private letter what I trust, when you
find it convenient, you will be at the trouble to mention. You
will discover in my letter to his Grace, No. 30, a variety of
matters mention'd, and which, I must assure you, require to be
notic'd. The distresses of the settlers both here and at Norfolk
Island are circumstances which I am hopefull Government will
take into their consideration. You will observe from whence

Private

letters

necessary

HUNTER TO KING. 155

they proceed and my plan for relieving them, and you will also !798.

discover that a considerable saving may be made in the expence 4 June-
of maintaining the convicts by the adoption of some such idea. Reforms
Government in a business of this nature could have no com- piopoSl
petitor, because it will be satisfied with very small advantages,
and will accept of payment in the immediate produce of labour.
This will be a strong stimulus to industry, because the more a
man labors the more of those comforts which he is desirous of
having he will be able to afford himself; and such comforts being
at hand will be an additional spur to his exertions. Allow me
here to observe that in our situation last harvest, when the whole
colony were engaged in securing their crops, I was truly con-
cerned to observe that private persons who had farms cou'd afford indulgences
that encouragement to their laborers which surely Government labourers on
ought not to keep back. I mean that they indulge their people Private farms,
working in the field, and expos'd to the sun in so hott a climate,
a little porter, ale, or grog on such occasions; and it really per-
forms miracles of exertion. But you never allow us anything of
that kind to forward the work of Government; and if we were
for such purpose to purchase from the speculating masters of
ships such of those articles as we find so much wanted, and pay
several hundreds per cent, more than Govt, could send them out
for, you wou'd then think us careless in the expenditure of the
public money. Why not then, my good sir, send us out some of
those things call'd comforts?

Formerly we were allow'd for the convenience of the officers of Wines and
the colony, civil and military, our port wine and spirits sent out officers. °r
for us at prime cost. Now we must purchase those articles
wherever we can get them, and you may be assured always at an
immence price. My sallary will scarcely afford me what I require
of those things for public days. Were my station a private one, I
shou'd be perfectly indifferent to such matters, for a very small
quantity wou'd answer my purpose; but situated as I am, it is
inconceavable the expence in which I am constantly involv'd.
You wou'd, really and truely, my dear sir, render an essential
service to the whole of us if you cou'd contrive to have our wine
and spirits sent us out as formerly; and you may at least count
upon the very hearty thanks of the Governor.

There is one thing just come across my mind, and which being The colonial
uppermost I cannot omit to mention. You may have taken e^enditure.
notice of what I have in various letters said upon the expences of
the colony, but I am very apprehensive that whatever arguments
I may have us'd to shew from whence they arise, those arguments
are not immediately recurred to when bills appear, nor is it, I
fear, always taken into consideration by whom or under whose

156

HISTORICAL EECOEDS OF AUSTRALIA.

4 June.

Alteration
in supplies.

Colonial
payment
of wages.

The want
of stores.

direction the particular expences may have originated. It is onlj
notic'd in whose name the bills are drawn ; but if you were to look
back a little you wou'd discover that no unnecessary expence has
been created since I landed, notwithstanding the heavy sums
which were, I believe, artfully left for me to consolidate, for ]
think some of my first dutys after my arrival was the draw'g ol
bills, which you may suppose cou'd not so very soon have beer
created by any measure of mine.

Now, Mr. King, whilst on this subject allow me to make
another observation. Formerly the common ration of provision
consisted of various articles, as beef and pork, flour, pease, oat-
meal, rice, oil or butter, or sugar. Now you send us nothing but
salt meat; that and the wheat we grow here is all we have tc
issue; the difficiency of the other articles is therefore cover'd as
far as we can by an additional proportion of wheat. Now, sir, let
it be recollected that the wheat is paid for here by bills on th(
Treasury, and when the articles above mention'd were sent us
from England we had no such additional sums to draw; they
were paid for there. Let it also be consider'd that superintend-
ants, storekeepers, and hir'd artificers are all paid their wages
here; those wages are therefore to be repaid into the Treasury
by the agent for the colony. Those sums, however, are paid here
and appear in bills under my name. Stores purchas'd on the spot
when in distress for want, which has been the case the whole time
I have been here, are all paid for by bills drawn here, and whal
adds greatly to that expence is that such articles cost some hun-
dreds per cent, more than if sent us by Government.

You will therefore see, my dear sir, that it is not perfectly just
to accuse us here of this cause of expence. We cannot, with
all our care and ceconomy, prevent it. At this moment, were
ship to arrive here with a cargo of iron, steel, pitch, tar, oil
paints, cordage, canvas, tools for agriculture, and for artificers
of every kind, slop cloathing, &c, &c, &c, however averse I am, ]
shou'd feel myself compell'd to purchase whatever might be th(
expence, or let the affairs of the colony stand still. This will,
beyond a doubt, be the case very soon, for there is not a store oi
any kind now in the colony. If they have ever been wantonly
lavish' d away, I now feel the inconvenience, being at this moment
oblig'd to take the iron bars out of the windows from various
public buildings to convert into impliments of husbandry and
other uses, and we are now making nails for various uses out of
iron hoops. The people are, for want of cloathing, indecently
naked. Let those things, my dear sir, be considered, and you may
judge what I feel, who immediately upon my arrival had occasion
to send home demands.

HUNTER TO KING. 157

There is no part of my duty so distressing to me as the drawing 1798.
of bills on account of the colony, but I must submit to it, and 4 June"
depend upon the Commissary's account of the expenditure as my
vouchers for the sums drawn. It is not possible that Government
coivd do so much to lessen my anxiety as the giving me little or
no occasion to have recourse to purchasing stores, and conse-
quently to the drawing heavy sums ; but that is not altogether The necessity
possible, for as we cannot for a length of time have as much sUpp^es.aSinS
ground in cultivation on the public account as would furnish
bread for the colony, we must purchase from those who raise
grain; and whenever we can do without such purchase there will
be an end to private farming for want of a market, and the colony
will then become one public farm.

You will observe what reasons I have given to his Grace for The cause of
continuing the high price of grain. How is it possible to lower $ grain. P"ce
this price, when, thro' the want of those articles of provision
formerly allow'd, we are oblig'd to substitute wheat, which
renders the whole crop of the colony scarsely sufficient for our
purpose ? If more wheat was grown in one season than we cou'd
consume in one year we shou'd soon be able to reduce it to a
moderate price; but whilst this grain is serv'd in lieu of so
many other articles it will take some considerable time to bring
that about. Last season our expenditure was so great that I was
oblig'd for a time to reduce the usual ration. I have mentioned
what a convenience it wou'd be to us if the East India Company
wou'd send us an annual ship from Bengal with rice, sugar, and
rum on Govt, account. This wou'd be far cheaper to Govt, than
supplying those articles from England, or than substituting
wheat here at the present price.

I must now, my dear sir, take the liberty of observing to you Hunter's
that as I am in no way concern'd in farming as a private con- actions entirely
sideration, and as all the officers of this colony are, I cannot commonweal.
be interested in the keeping up certain prices. No, I have no
concern of a private nature to occupy my time or thought. No
man shall have it in his power to suspect me in that respect, or
doubt what were my chief objects. The public interest has been,
and will continue to be, my principal, my only, consideration;
but I must, at the same time, express my concern at observing
the effect which seems sometimes to be produced by many
opinions at home, given in such way as to answer such ends as
they may have been design'd for, and some of which wou'd not
cost me ten minutes, were I upon the spot, to expose the futility
of. I have no story to tell but a fair, honest, and honorable tale.
I claim no commendation but such as an upright discharge of my
duty may intitle me to; and no man living can say that in this or

158

HISTORICAL RECORDS OF AUSTRALIA.

1798.
4 June.

in any situation I have ever fill'd in his Maj's service that any-
thing but the good of that service ever occupied a single moment
of my time. I have, &c,

Jno. Hunter.
P.S. — You will see my reply to that scandalous and bombastical
letter to his Grace by a man who has employed the whole of his
time in this country in sowing discord and inriching himself by
means truely disgracefull in my opinion.*

1 July.

Report from
Norfolk Island.

The formation

of a

" Fraternal

Society."

Governor Hunter to The Duke of Portland.

(Despatch No. 34, per transport Barwell, via China; acknowledged
by the Duke of Portland, 5th November, 1799.)

Sydney, New South Wales,
My Lord Duke, 1st July, I798.f

From the condemnation of his Majesty's ship Supply, and
the very heavy and tedious repairs of the Eeliance, the inter-
course with Norfolk Island has been less frequent than I could
have wished it. This circumstance gave occasion to the com-
manding officer upon the island, Captain Townson,:}; to build a
decked boat to forward his letters to me, and that boat reached
this port on the thirteenth day of June last, with an account of
their distresses for want of implements of husbandry, cloathing,
and various other stores. I am concerned to say that these their
distresses are of a nature which we have not had it in our power
to relieve, had I even been in possession of a vessel to send
thither, the people here being nearly naked, and the convicts
which arrived in the last ship being put on shore wholly in rags,
without a bed to lay upon, the Barwell having brought out
nothing adequate to supply their wants.

Captain Townson complains of the settlers and others upon the
island having entered into an association, which it seems they
have called the Fraternal Society of Norfolk Island. The settlers
have written to me, and have denied having given any name to
their meeting, but complain of the difficulty in getting their
swine's flesh taken into the store, through improper and pre-
vailing monopolys. Your Grace will see by the copy of my letter
to Captain Townson (enclosed in No. 30) what I have said on
that subject; and as I conceive that there is something extremely
improper in the manner of the meeting of the settlers on the
island, enclosed is the copy of a printed paper I have sent there
for the information of the inhabitants in general. The variety
of complaints from that island induces me to wish that if Gover-
nor King does not return a successor may be apointed as early
as possible; to forward those complaints to your Grace, many of

Note 61.

f Nct3 62.

| Note

HUNTER TO PORTLAND. 159

which are of a private as well as of a local nature, may not be 1798.
necessary. I shall do all in my power to render justice to the 1July"
parties, and to settle all differences. It is a subject of real
concern to me to find so many.

The number of swine on the island being more than sufficient The surplus
for the consumption of the inhabitants, I propose to offer, if they supply of pork-
will salt down their surplus, and warrant its keeping for a certain
time, to take it off their hands; but it seems they have not suffi-
cient salt-pans, nor have they saltpetre and coarse sugar for
properly curing it. I am, therefore, fearful that this project will
not have the desired effect.

I have already mentioned their having often failed in their
endeavors to raise wheat. I now understand they have abandoned
the attempt. We intend, therefore, as frequently as possible, to
supply what we can spare. The Eeliance carried thither about
twelve hundred bushels, together with a proportion of every
kind of store in our possession. I have, &c,

Jno. Hunter.
[Enclosure.]
Information.
It is with much astonishment and displeasure, that the Governor Proclamation
has been informed of the very unwarrantable Association entered JjJJ Norfolk61*
into by the Settlers and other Persons upon Norfolk Island, and ^land.
which he understands they have in the most Seditious manner
termed, the Fraternal Society of Norfolk Island.

No complaints or grievances whatever can be admitted as a
sufficient reason for a step so pregnant with danger to the tran-
quility of the Inhabitants of that Island, nor can there be the
Shadow of an Excuse for such an Association. It is the duty
of the Inhabitants if they feel themselves laboring under any
grievances, whether real or imaginary, to lay their Complaint
respectfully before the Commanding Officer upon the Island, and
this representation should be made by one or two persons chosen
for that purpose, and not by a Numerous Body of People : If the
Complaint should be of such magnitude as cannot be completely
redressed by the Commandant, it will be by him forwarded to
the Governor in Chief, who will pay every attention the Circum-
stance may require. Every other mode of obtaining redress is
highly Illegal, and can only serve to expose those who may be
concerned to a very considerable degree of danger. As every step
which is in our circumstance practicable will at all times be
taken, to remove any thing which can be considered as oppressive
or distressing to the Inhabitants of Norfolk Island, they must
recollect that their representations are expected to be made in
the most peaceable, Decent, and Moderate manner.

160 HISTOEICAL EECORDS OF AUSTEALIA.

1798. The Governor hopes he may understand from the Commanding

Officer that such Persons as were concerned in this unwarrant-
able Association, have since shewn a proper degree of Contrition
for their highly Censurable Conduct in this instance, and that
they endeavour by proper attention to the peace and quiet of
the Settlement, to convince him that this improper step has
proceeded more from Ignorance than from any want of that
respect which is due to the Commanding and the other Officers
upon the Island.

Given at Government House, Sydney this 12th day of July
1798. Eichard Dore, Sec.

By Command of His Excellency.

Governor Hunter to The Duke of Portland.

(Despatch marked " Separate and Particular," per transport Bar-
well, via China ; acknowledged by the Duke of Portland, 5th
November, 1799.)

Sydney, New South Wales,
25 July. My Lord Duke, 25th July, 1798.

Reply to I have been highly gratified by the opportunity which

admfnistraTion ^our Grace nas afforded me of replying to that most extraordinary
by Macarthur. and unjust representation of the measures which have been pur-
sued by me for bringing out of a mass of the most unexampled
confusion and disorder which have surrounded me in this settle-
ment ever since my arrival, that order upon which I have ever
conceiv'd the prosperity of the colony to depend; by a man*
whose restless, ambitious, and litigious disposition has been so
often experienced in this country and known both at the War
Office and at your Grace's ; and which, had it been as fully repre-
sented as it merited and ought to have been, wou'd at least have
occasioned his removal from it long ago, to the great comfort of
private society, and no small advantage to the public service. He
is known, my Lord, to have been the prompter of all that violence
on the part of the defend'ts (military) in the civil prosecution
which I laid before your Grace, and which you so severely
and so justly censur'd.f

I will not, my Lord, so far lose sight of my own character, nor
the high respect which is due to your Grace, as to follow his
shamefull example, and to substitute empty and ill-founded
assertion for positive proof; but I will reply to all his scandalous
insinuations and opinions, and demonstrate by well-known and
stubborn facts that for reason which I will not attempt to
develope, he has been artfully striving to mislead your Grace's

* Note 64. f Note 65.

HUNTER TO PORTLAND. 16:

judgement, and endeavour'd to withdraw from others that ceii- 1798.

sure which in opposition to both truth and justice he has 25 July,
attempted to make over to me.

I must here request permission to observe that I have been Macarthur's
well inform'd that this man was so highly captivated by the self" confidence,
frequent reading of his shamefull composition to your Grace
that he ventured to express an opinion his representation would,
without any enquiry into its truth, occasion the removal of the
Governor.

Pardon me, my Lord, if I observe that melancholy and dis- Hunter's
tressing indeed must be the situation of a commander-in-chief in P°sltl0n-
this distant part of the world if such false and infamous repre-
sentations of his management by designing individuals shall pass
without notice. No man's character can be safe, unless he shall
be found to suffer the public interest to be sacrifis'd to accommo-
date that of the private dealer; and permit me, my Lord, to say
farther, that when he shall be known to do that with his eyes open
and his judgement clear, he does then, in my opinion, merit being
spurn'd from the service of his Sovereign, and cast upon the
world as a beggar.

Shou'd the observations which I may have occasion to make Hunter
implicate in the smallest degree any other person, I shall feel "mpHcate t0
concern; but to so unmerited and unfounded a representation of <>tners-
the various circumstances which have fallen under my direction
in this colony, I trust I shall be excus'd by your Grace in saying
every other consideration must give way.

His observations relative to the quantity of ground which may Macarthur's
serve to maintain one man, and the length of time and strength agdcufture.
requisite to clear and bring it into cultivation, I do not conceive
it necessary to pay attention to; it is foreign to my preseut
purpose; shall therefore only observe that I have been long
acquainted with what strength is necessary for that kind of
labour, and also that I have had the opinion of very superior
judges on that subject, and who speak from real experience.
Every day's practise in this country serve to shew the absurdity
of many of his arguments, and the impracticability of his
theoretical schemes.

He says he is no advocate for farming on the public account.
In that particular I have long held the same opinion; but my
instructions having differed from such opinion, it has been my
duty to attend as far as possible to them, and this adherence has
been one source of discontent to many here.

He informs your Grace that no officer has had more ample
means of informing himself of the produce of the colony and the
nature of its soils than he has. His knowledge in this respect,

Ser. I. Vol. II— L

162

HISTORICAL RECORDS OF AUSTRALIA.

1798.
25 July.

Limitations to
Macarthur's
knowledge and
experience.

Macarthur
as a farmer.

Macarthur's
opinions faulty.

I must assert, can have extended no farther than the ground
already in cultivation. I therefore conceive very limitted, more
confm'd than that of any other officer in the colony, for he has
no taste for exploring the interior, consequently what know-
ledge he may affect to have beyond the land already under culture
he must take from those who have had activity enough to travel
thro' the country. I will farther venture to assert, my Lord, that
the very limitted knowledge this pretender to a thorough
acquaintance with this country has can in no respect be compar'd
to that which I do possess, and which I have labour'd to gain
for the information of Government, that it might not be led into
more expence than the nature of the country and prospect of
success might warrant; but when traders and speculators obtrude
their opinions (which will ever be found govern'd by self-interest)
upon his Majesty's minister, there can be no safety to the char-
acter of that commander-in-chief who shall be found to oppose
their traffic.

What his judgement as a farmer may be I cannot know, be-
cause I do not possess such knowledge myself; but I am well
assured that he assumes much more than he ever possessed, and
that whatever share of that usefull information he may possess,,
it has been gaind here in so very short a period as not to warrant
the value he so ostentatiously sets upon it; and I will maintain,,
my Lord, that there are officers here whose judgement is so far
superior (but possessed with more modesty) that they will not
admit a comparison. As a proof, either of the truth of this
opinion or of his intention to deceive me, I beg leave to mention
that, upon my arrival, having found this person in an office
created by L'-Govr. Grose as an assistant to the Governor, I went
with him over the public grounds clear'd by order of Governor
Phillip. He inform'd me that there was scarcely an acre fit for
cultivation — that it wou'd be a waste of labour and of seed to
work it; this was evidently design'd to mislead me, who did not
pretend to agricultural judgement. I rested my opinions there-
fore upon his, and gave them to your Grace in my letter No. 9.
I have since prov'd that such opinion was erroneous, and given
no doubt for the above purpose, by the quantity of wheat and
maize rais'd from a part of those grounds on the public account
last year; the crops were superior to most in the colony. I will
also maintain, my Lord, that had I not placed so much confidence
in this very man's opinions some considerable expence might have
been avoided ; he did all in his power, whilst he found himself in
possession of that confidence, to give my opinion on such matters
as I had not a thorough acquaintance with myself an improper

HUNTER TO PORTLAND. 163

turn. His restless, arrogant, and overbearing turn of disposition 1798.

occasion'd me much vexation in complaints from others; the
power which I plac'd in his hands was exercised to the disturb-
ance of peace and harmony.

The Chief Surgeon complained that his assistants were not Macarthur's
permitted to manage the concerns of their own department in the with the
public hospitals, thro' his improper interference. His arguments department,
were that he wanted to correct abuses in the hospital. But it was
known to be the effect of malicious prejudice1. He had nothing
to do but represent, and the Chief Surgeon, whose duty it was,
wouVl have been ordered to investigate such abuse.

The Commissary complained that his interference with his and with the
duty was such as cou'd not be suffer'd unless it were found neces- commissanat-
sary to remove him from his office; that he issued from the
public store in the most lavish manner such articles of stores
and cloathing, and to such persons as he pleased, and thereby
embarrassed his accounts, as well as created much improper ex-
pence; that he open'd the public store for the reception of grain
from such persons as he was disposed to serve, and shut it against
those who were not in his favour; that the Commissary was not
suffer'd to have a share in the duty for which he was responsible.
A voucher for these truths your Grace shou'd have had if the
Commissary had been in the colony. The servants of the Crown
were given away or lent in considerable numbers to whom he
thought proper, and he had in his own service whatever number
he cou'd employ; it was by these means that he gain'd his
superiority over others on his farms.

I must insist, my Lord, most respectfully that it was the reduc- Macarthur's
tion of this unbounded power that determined him in this dark retaliation,
and unpardonable manner to study and connive in the most
artfull and plausible way to lay to my account those errors which
the whole colony know shou'd be charg'd to others — those errors,
I mean, which relate to the expences of the colony, and which I
have already said so much upon, and whenever call'd upon can
shew from what sourses they deriv'd their origin.

I trust your Grace will pardon my observing that highly as I
feel myself honour'd by his Majesty's Commission as the Gover-
nor of this settlement, and anxious as I shall ever be to do my
utmost for its advancement, or for any other part of his
Majesty's service to which I may be call'd, had I known the plan
which was laid for my embarrassment (for it had every appear-
ance, and I shall ever consider it as a meditated uniform plan)
I shou'd have doubted the safety of my character in undertaking
it; and excuse me, my Lord, for saying that, altho' I possess not

164 HISTORICAL RECORDS OF AUSTRALIA.

1798. a shilling in the world but my Commission in his Majesty's navy,

25Juiy. ^iQ salary of my present appointment wou'd have been to me no
Maparthur's object, had it been ten times as much as it is.
and its cause. My forbidding those interferences with the dutys and depart-

ments of other officers occasion'd this man's resignation of that
duty,* which I had not the smallest desire he shou'd continue
to do, for his great object was clearly to render the Governor's
authority subservient to his own views and intrests, to the grati-
fication of his caprice and malice, and to the benefit of a few
sycophants who were encourag'd and constantly employing them-
selves in bearing to him their remarks upon the private conduct
and concerns of others. My situation became truly irksome thro'
these means, and I was glad he offered to resign, because I was
fully of opinion I shou'd have found it necessary to have said I
wou'd dispense with his farther services.
Macarthur's Mr. McArthur adverts to his having offered to maintain one

bfea'cHo^Too'36 hundred men with bread free of expence to the Crown. This
convicts. wonderful offer was made to me in a language or manner which

he expected wou'd captivate without any serious consideration
of its real value, and he says I declin'd to accept of it. That I
declin'd to accept it is a fact, and he knew for what reasons, but
he has carefully conceal'd them from your Grace.

The labouring servants of the Crown had been before my
arrival in this colony given away, were scatter'd all over the
country, and were employ'd for the benefit of private individuals.
I was not in possession of the number he ask'd for, which I am
convinc'd was the reason he apply'd for them. Neither had this
advocate for propriety and for the public interest candour enough
to give me the necessary information which might have enabled
me to recover them. How they were scatter'd, and under whose
authority they were suffer'd to be lost to the public, he well
knows; and I have already explain'd in my separate letter of the
12th of Novr., 1796. The offer he made upon this occasion I
shou'd have conceiv'd myself highly censurable had I paid the
smallest attention to it, because in that case every work of a
public nature must have stood still. But I will submit to your
Grace whether the public or private individual wou'd have been
the gainer by this absurd offer. The daily wages of a labouring
man (without providing food) was at that time five shillings, or
something more, and the price of bread was about 2^d. per lb.
Supposing a man to receive 2 lb. per day, that would amount
to fivepence; for this mighty saving to Government of fivepence
he would have gained more than five shillings in labour. It is
evident, my Lord, that his offer upon this occasion could only
have been intended to answer the end to which he has applied it.

* Note 66.

HUNTER TO PORTLAND. 165

The many errors which he says wants correction are those 1798.

which were establish'd after the departure of Govr. Phillip and
previous to my arrival, and to which I shall never cease to attri-
bute all the expences complain'd of, and I am prepar'd to prove
this to be the case whenever it may be necessary. I beg to say
that I am not singular in this opinion. The errors were : The The changes in
sudden change of a system of orderly Government, founded upon fntroSed*
his Majesty's instructions to the Governor, and the laws estab- ^y Grose,
lish'd for such Government. This plan existed when I left the
colony in 1791 — in the end of 1792, or beginning of '93, another
of a very different nature took place, and soon after that licen-
tious, abandon'd, and profligate conduct which Mr. McArthur
mentions and affects to condemn began to shew itself. The
officers charter'd the Britannia; a large quantity of spirits were The trade
imported, and a trade began with the settlers and lower orders of in splits-
the people, the effects of which will be long felt, and was the ruin
of many before industrious people, the distruction of all moral
order. And this man so strenuous an advocate for such order
and good management was one of the most extensive dealers in
the colony. To this unfortunate system, founded upon the ruins
of all decency and civil order, all our misfortunes and expences
have been owing. Your Grace may probably think that what I
now represent, after what I have formerly written, to be super-
fluous, but I am desirous of making it clear by respectable proofs
that the letter of this medling person to your Grace is an artfull
attempt to conceal himself from that notice which his trouble-
some disposition in this settlement may have expos'd him to.

It is my intention to lay before your Grace the candid opinion corroborative
of the two clergymen, as well in their clerical character as in that eyi(knc,e of

. ., . -r .,, n . Hunters

of the civil magistrate. 1 will also transmit a representation of statements.
an attack made upon a magistrate by this very man, for doing
what he conceiv'd his duty, a disposition which has often been
conspicuous in him ever since I felt it my duty to re-establish
the authority of the civil power, a power which it is known has
in this country been his abhorrence.

Your Grace will also receive observations made by a gentleman
long resident upon the spot where this man's duty as an officer
lay.

I shall likewise transmit replys made to his assertions against Macarthur
Mr. Atkins,- whom he wish'd to have prosecuted criminally for a and Atki,ls-
letter which he had written to him, a copy of which letter it may
also be proper to inclose, to shew the occasion he had for desiring
to prosecute; but it may also be proper to observe that Mr. Atkins
had previously applied to prosecute him for those assertions

166

HISTORICAL RECORDS OF AUSTRALIA.

•25 July.

Profligacy.

Prostitution.

Macarthur's
plan for
breeding swine
impracticable.

which he had laid before your Grace as a proof that I had not
done him justice in his difference with this gentleman. It was
not convenient to the public service that Mr. Atkins shou'd at
that time be gratified. He therefore attempted by writing the
letter alluded to to make it a more private matter, for which he
was sever'ly censured by me.

He well knows that the profligacy he has mentioned I have
from the beginning exerted every means in my power to get the
better of, but in vain, whilst he and others supply the means of
keeping it alive.

The convict prostitutes he mentions, I presume, are those living
with some of his brother-officers and others, and are not, as he
asserts, furnished with servants from amongst the convicts; but
more probably such as their respective keepers may have an
opportunity of supplying them with, either from the military or
other quarters. If, therefore, the officers have soldiers for such
purpose, if disapprov'd, must reflect upon those who permit it;
he has artfully attempted to cast this censure where it cannot
apply. If he means women servants, I am of opinion that it will
not be considered by your Grace as a censurable indulgence to
allow the officers such female servants as may be requisite for
washing and cleaning their houses.

To repeat what I have already so fully written I am very
unwilling, and will endeavour to avoid.

His plausible plan for the propagation of swine is one of his
new theorys, and he is not, or ought not to be, a stranger to the
impracticability of such plan, in the present state of the colony.
Had it taken place in the beginning, when there were but few
settlers, it might for a time have answer'd ; but after the introduc-
tion of such numbers of the very worst description of convicts it
will require time to discover who are the fittest characters to
intrust with the care of the public stock. When I arriv'd in the
colony he took much pains to convince me how very expensive
it would prove to Government to attempt the rearing any num-
ber of such animals. I did conceive it to be as he said, and I
shar'd that which Government had amongst such persons as he
recommended for their care. I am yet convinc'd of its truth,
altho' he may, probably, have chang'd his opinion to answer
some highly improper purpose.

It will be found that I have never fail'd upon every proper
occasion to hold out every possible encouragement for the rearing
this kind of stock, as well as of every other; but I cannot sub-
mit, my Lord, to have my conduct judg'd of and represented in
this treacherous manner by every impertinent trader in this
country, of whom it is highly necessary it shou'd be purg'd.

HUNTEE TO PORTLAND. 167

The settlers said to be fix'd upon land without assertaining the 1798.

nature of the soil was an act of his own commanding officer, and 25 7'
not of mine, and the manner in which they were settled I have Grants made

-,.,,. -, (. . , , . , by Grose and

already explain d in my separate letter beiore mentioned, to which Paterson.
upon this occasion I beg to refer your Grace.* The whole of that
part of Mr. McArthur's letter which relates to the settlers is a
striking reflection upon both those officers who commanded in
the interval between Govr. Phillip's departure and my arrival,
and cannot in the smallest degree effect any of my arrangements.
Your Grace is already in possession of my observations upon that
subject.

The quantity of maize which he says was purchas'd by my The purchase
order, when there was a considerable stock in store, was a measure Recommended
which took place a few days after my arrival, and may be seen by Macarthur.
in the Public Orders of the 29th Septr. and 2nd October, 1795,
a copy of which your Grace is in possession. This purchase was
most particularly recommended by this very man, and reasons
were given for it in my letter No. 9. He first pointed out to
me the possibility of accident to the wheat harvest, which occa-
sion'd the first Order of the 29th Septr. I had no sooner given
out that than he inform'd me that he fear'd the settlers would not
pay attention to it unless I wou'd promise to take the crop off
their hands, and that in case of a failure in our wheat the settle-
ment wou'd be without food, for at that time we had no salt meat
in the colony. At this time I had the most perfect confidence in
the opinions he gave, being then a stranger, without the necessary
information or any knowledge of the man I confided in. The
whole of his conduct was a scene of imposition and duplicity.
There was not a spark of candour to be found. All were absorb'd
in their own interests and views, and none more so than this man,
who possess'd my perfect confidence untill I cliscover'd what were
Iris objects. This maize was, however, not attended with any
loss, but such as all grain is liable to in granary, and it has pre-
vented my purchasing any since untill the present season. It
also enabled me to lend to those whose crops fail'd the following
season, and whose live stock must in consequence have perish'd.

The receiving of grain at the different stores, he says, is The method
intrusted to the superintendants who assist the Commissary, and ^ahfirSvtLj
he asserts it is done without the smallest attempt to guard Public stores-
against imposition. I am at a loss to know how he shou'd
understand what steps are taken to guard against imposition;
the Commissary certainly does neither consult him how his duty
is to be done, nor informs him of what orders he may receive from
time to time relative to that duty. It was but very lately that
a discovery was made which created some suspicion; directions

* Note 67.

168

HISTORICAL RECORDS OF AUSTRALIA.

Commissariat
methods.

1798. were immediately given that the proper steps be pursued for

25July. ascertaining whether there were just grounds for such suspicion;

The dismissal of ft prov'd that the storekeeper acquitted himself, but as there had

a storekeeper. ^ . . .,. , ..' _...,._. .

been some impropriety m his general conduct 1 dismiss d him
from his office.* This was the man whom he says is authoris'd to
give receipts to any amount without the possibility of detection.
Such declaration to persons unacquainted with the manner of
such receipts and issues might carry some probability with it;
but I will maintain that his assertion on this subject is wholly
unfounded, and that it is not possible a fraud of this nature can
pass without detection, unless the Commissary shall prove un-
worthy his office.

The quantity of grain taken into the store is calculated to serve
a certain number of people for a certain space of time. If it is
found to have lasted that time, and fed that number of persons
at a stated ration, there cannot have been any fraud committed;
if it shou'd not, and there has appear'd a greater deficiency than
what is common to grain kept in granary in a warm climate, the
loss will be to the Commissary, in whose charge the stores in
general are. I will beg leave for one moment to observe, my
Lord, that supposing the whole of the officers in the service of
Government, acting under the direction of the Governor in this
colony, or in any other, shou'd prove unworthy their office, how,
I might venture to ask, are they to be detected if those who pre-
tend to know they are fraudulent do not step forward and bring
them to justice? This I conceive to be the duty of every officer,
whatever his station or profession. If, therefore, he suspected
anything of this nature it was his duty to have given information,,
and not to have insinuated such misconduct without more certain
grounds against the officer whose duty he attacks.

But the manner in which the public stores were manag'd by
this man when he had the command at Parramatta, and wou'd
not suffer the Commissary to do the duty he was responsible for,
did certainly expose the public to enumerable impositions. A
person of respectability, now here, assur'd me that he had offered
a quantity of grain to the public store during that arbitrary
authority over the Commissary Department, and after long solici-
tation for its being receiv'd he was inform'd that he shou'd
have his bill; but the grain cou'd not be receiv'd — it might con-
tinue where it was untill wanted. He receiv'd his bill, and the
grain continued expos'd to the weather untill it was destroy'd,
and that this was the case with some others. These, your Grace
will allow, were impositions upon the public purse of a most
serious nature, and are not mere assertions, but, were it necessary,
wou'd be deposed to. My endeavours to put a stop to such

MaearthuT's
maladministra-
tion.

Note 68.

HUNTER TO PORTLAND. 169

shamefull practices, which were probably convenient to many, are 1798.
the chief cause of those false and ill-founded representations of 25 July,
circumstances which were only known to exist to the public dis-
advantage during the time in which the original regulations and
civil government of the settlement were suspended, and which
have oblig'd me, contrary to my natural disposition, to mention
much which I shou'd not otherwise have troubled your Grace
upon.

The vessels he mentions from India upon voyages of specula- shipments of
tion he has good cause to understand what their cargos consisted fJJdfe.from
of, because it is known here that part of those cargos were
consign'd to him, and his whole time, having no professional
duty to occupy it, was engag'd in traffic. The circumstance he
mentions respecting the purchase of sugar is, in itself, so infam-
ous, so mean an attempt, that I wou'd not condescend to take
notice of it were it not to satisfy your Grace that I have not the
most distant recollection of it, the Commissary not being on the
spot; but it must appear that were the fact as stated by him
it must have proceeded from some neglect of duty in the proper
officer, and not a matter known to or countenanc'd by me — in
short, my Lord, this man is so engaged in a low mean manner of
carrying on a disgracefull trade in this colony that he is desirous
of implicating every character in the settlem't, however respect-
able and beyond his reach, in the same disgrace.

The papers which I inclose will, I trust, shew how far vice and Profligacy
immorality have, or have not, been countenanc'd or encourag'd andvice-
since my arrival; they will also serve to place in a conspicuous
point of view the horrid depravity and wickedness of this man's
heart. His observation relative to the vice and profligacy of the
lower orders of the people I will agree in the truth of, and your
Grace will recollect how much I have said upon it in my public
correspondence. But let me ask him, under whose authority Licentiousness
were the people suffer'd to indulge in licentiousness, drunkenness, " "£ Pa?erson
and every abominable act of dissipation? When the clergy were
allow'd to be insulted in the streets without receiving any kind
of redress, and rendered incapable of performing the dutys of
their sacred office on the Sabbath Day, from the numbers of
drunken soldiers and convicts surrounding the outside of the
place of public worship, and often engag'd in card-playing and
riot; let me ask this pretended advocate for the moral conduct
of the people, what were his answers to the clergyman when he
complained to him of such shamefull and unpardonable excesses,
and on the spot, too, where his duty lay, and where he com-
manded? Will he venture to say that such shamefull conduct
have been permitted in my time? No, my Lord, he cannot; he

170 HISTORICAL RECORDS OF AUSTRALIA.

1798.
■i:> July.

well knows the steps which have been unremittingly pursu'd by
me for suppressing it, and the dangerous trade which occasion'd
Hunter's it, and in which he had no very inconsiderable share. He also

knows the good effects of my endeavours to that end; he is
cautious to avoid mentioning any act of mine which had for its
object the public advantage of the colony; he is carefully silent
upon the effects of the civil police establish'd by me, and through
which every inhabitant can now sleep in security.

His observations respecting the want of barns, granarys, and
other public buildings is a circumstance which I cou'd not have
believ'd any man in this colony cou'd have had the effrontery to
charge me with. This attempt is of itself sufficient to stamp all
his assertions with falsehood and malice. Your Grace has my
very early complaints upon that unfortunate want in letters Nos.
6 and 8. I saw it soon after my arrival, and altho' I was not
then so fully acquainted with the danger of this difficiency as I
now am, yet I consider'd it at that time a very great misfortune.
Macarthur's The only barn ever built on the public account before my arrival
buildings. 1C was by Govr. Phillip at Toongabbe; it was blown down some
time before I reach'd the colony, and I found its ruins only, as
well as that of the whole little town of Parramatta and Toon-
gabbe, where I cou'd scarsely find a hutt to shelter the convicts.
Why this barn was not rebuilt and those hutts kept in repair
this man who had been allow'd the whole management of the
public works in that district can best tell, and I am convinced
were he to declare the fact he cou'd only reply that it was
designed as one of those embarrassments with which the new
naval Governor was to contend.
The destruction The wheat which he says stood in stack untill it was destroy'd
Explained. Dv vermin is not a fact, but was what this man assur'd me was

not worth thrashing, and the superintendant who reap'd it did
corroborate this opinion, and said farther that he endeavour'd to
prevail on the then commanding officer to have it burned up on
the field rather than to reap what was not worth cutting. Yet
this very crop was cutt, and the secretary assur'd me it was
returned to Government at the rate of sixteen bushels an acre,
and left to me at that, altho' we receiv'd only about one hundred
bushels from the whole crop, which, for want of the above barn,
was thrash'd upon a cloth in the field. I had after those reports
ordered the stacks to be pull'd down in my presence to ascertain
the truth, and found little but straw. But it was then the custom,
not to receive the grain of Government into store whilst officers
had any to supply untill I chose to alter this mode.

My judgement in the art of farming or the management of
land may well be disputed, because I have been bred to a different

HUNTER TO PORTLAND. 171

profession. But my integrity and zeal in the public service I 1798.
trust most confidently will not yield to that of any officer bearing " u y'
his Majesty's Commission, however high their rank. If those JjJJ"*^er
qualitys of which I boast the possession shou'd require the stamp
of other authoritys to convince your Grace as to their truth, to
whom I can only be known from my present situation, I might
refer to two-thirds of the flag officers and captains on the naval
list, at the head of which stands a noble man (Earl Howe), by
whom, it is my pride to say, I have been patronis'd for many
years, and wholly thro' the knowledge his Lordship had of that
integrity and that zeal as well as general conduct as an officer
under his immediate command.

The several papers I inclose for your Grace's information I Corroborative

it i i • • t evidence

most particularly request may be read m your immediate enclosed,
presence; by them I trust, my Lord, you will be enabled to form
some judgement of this artfull, med'ling, and troublesome person,
who has taken so unwarrantable a liberty with the dutys of the
Governor, who, permit me to assure your Grace, desires no other
support in his public character than his conduct and situation
intitle him to ; in his private can support himself.

I shall only add, farther, my Lord, in this place that the sacred
character of our Saviour, were he to appear in this colony in its
present state, wou'd not be secure from the dark attack of those
whose private views he might oppose in favour of the public
interest. There are people here who wou'd most readily prepair
for His sacred head another crown of thorns, and erect another
cross for His second crucifixion; and none I am persuaded more
so than the person of whom I have complained.

I have, &c,

Jno. Hunter.

P.S. — Two letters* amongst Capt. Mc Arthur's inclosures having
escap'd my notice, I am obliged to trespass a few moments longer
upon your Grace's time, in order to expose the shamefull design
of those letters. The one is address'd to Capt. Paterson, who had {SSftoGwae
the care of his letter to your Grace, the other to Col. Grose in and Paterson.
London; in both those letters he indeavours to interest those
officers in the extraordinary conduct he has pursu'd, and to
impress upon their minds that he had receiv'd information that
it was my intention to make some representation to your Grace
to his disadvantage. I know it to be impossible, my Lord, that
he cou'd ever have receiv'd such information, because I was
wholly unacquainted myself with any such design ; consequently
no person whatever cou'd have had it from me. I never had the
most distant idea of troubling your Grace with his name until he

* Note 69

172

HISTOEICAL RECORDS OF AUSTRALIA.

1798.
25 July.

Paterson's
opinion of
Macarthur'
conduct.

Theft by
soldiers.

anounc'd by a letter to me an intention of writing your Grace
npon the concerns of the Governor's duty. I had not untill then
bestow'd a single thought about him of sufficient importance to
trouble your Grace with, although I have long been of opinion
that his troublesome turn of mind shou'd have been made known
much sooner than it has been; but whilst it cou'd be avoided it
has been my disposition to take no notice of it untill his conduct
and interference with my duty render'd it no longer possible or
proper to be silent.

This pretended information respecting my design is of too
flimsy a texture not to be seen to have been intended to cover
that part of his conduct which is not defensible in any other way,
and to conceal a degree of malevolence which he has no other
way to palliate. Capt. Paterson declar'd to me in Government
House before his departure that he endeavour'd to persuade him
that he was wrong in writing such a letter as your Grace receiv'd
from him. And I am convinc'd that he did so from a conviction
that his representations cou'd not in any way apply to me. The
copy of this sentence of a Regimental Court-martial, by which
two soldiers had been tried upon a complaint of having been
detected in robbing the Government garden, which he chooses to
call the Governor's garden, is clearly an artfull attempt to in-
fluence the opinion of the Lieut.-Colonel, because all who were
on the spot know how common robberys of that nature were at
that time, and upon that place, although under the care of the
military, who had a guard-house at the gate of it, and to whose
use great part of its produce was applied by my particular orders.
They had not industry enough to cultivate for themselves or to
employ their leisure hours to so good a purpose. J.H.

Macarthur's
interference
with Surgeon
Balmain's
duties.

[Enclosure No. 1.]
Chief Surgeon Balmain to Governor Hunter.
Sir, Sydney, 18th June, 1798.

I have been honor'd with your letter of the 24th ult.,
requiring me to assist your recollection touching improper inter-
ferences in the immediate line of my duty as the chief surgeon,
and also desiring me to furnish you with the particulars of the
opposition and personal ill-treatment I met with in attempting
as a civil magistrate to put the law in force against the soldiers
of the New South Wales Corps, who had, in defiance of all
subordination, assaulted the person and house of John Baughan.

In obedience to your commands, I have to state to your
Excellency that soon after your arrival in this country applica-
tion was made to me by Mr. Thomson, the assistant surgeon at

HUNTER TO PORTLAND. 173

Parramatta, to request some indulgences for Daniel Kelly, who 1798.
attended the sick at Toongabbee and the farms adjacent to it. 25_^/-
This man, formerly a servant of his Majesty's in the medical line, ^toence
had unfortunately trespassed against the laws of his country, and B^!^eon
was transported for seven years to this settlement ; on his arrival duties.
he was recommended by the surgeon of the transport in which he
came, and at his request was taken to assist at the hospital,
where his assiduity and attention soon made him noticed, and
gained him the favor of Governor Phillip, who first ordered him
to the post which he now occupies, and, as an encouragement,
granted him a portion of land and the labor of three men,
promising him further rewards in proportion to his services and
merit.

Those favors he continued to enjoy for some time after Gover-
nor Phillip left the colony, and discharg'd his duty with faith-
fulness and attention. Unfortunately for him, however, Mr.
McArthur, the Inspector of Works at Parramatta, took exception
to this man, and by his particular displeasure rendered him in
many shapes uncomfortable.

These circumstances was the cause of my seconding Mr.
Thomson's application in his favor, but in which your Excellency
will recollect I was most violently opposed by Mr. McArthur,
who declar'd he wou'd instantly quit his situation if any of the
points which I urged in favor of this man were establish'd
by you. To this mortifying and improper interference of Mr.
McArthur's I was obliged to submit untill your Excellency, on a
second request from me, saw the expediency of restoring Kelly to
his comforts.

The conduct of Mr. McArthur in particular, and that of the
other officers of the New South Wales Corps, to me on account of
the advice I gave to John Baughan remains only to be stated,
in the doing of which I have great difficulty, because I feel my
honour as a gentleman pledged to forget that transaction.

Your Excellency will remember that some time after I had
addressed you on service, and enclosed copies of the correspond-
ence between Mr. McArthur, the officers, and myself, proposals
were made by my opponents for accommodation, on conditions of
mutual forgiveness and the destruction of the several papers that
passed on that occasion, to which I acceded, purely from a regard
to peace and quietness, and requested that your Excellency might
suffer me to make this sacrifice, both of the public service and my
own feelings, in the hope of its eventual operation for the general
good, which request you was pleased to comply with, and returned
my letter with its enclosures.

174

HISTORICAL RECORDS OF AUSTRALIA.

1798.
25 July.

Macarthur's
interference
with Surgeon
Balma in's
duties.

I have only to add that if you still are of opinion that the
service requires I should charge my memory with those circum-
stances, I will bow with submission to your commands, but hope
that the breach of faith with which I shall be chargeable may be
imputed to the force of your Excellency's orders.

I have, &c,

Wm. Balmaix.

[Enclosure No. 2.]

GOVERXOR HUXTER TO SURGEOX BALMAIX.

Sir, 19th June, 1798.

I have received your letter of yesterday, in answer to mine
of the 24th ult., in which I had desired you wou'd state to me the
particulars of a complaint which you found occasion, soon after
my arrival in this country, to make to me on the subject of some
troublesome and improper interferences in the department imme-
diately under your direction, and which had been represented to
you by Mr. Thomson, one of your assistants. I also found occa-
sion in that letter to desire you wou'd relate the particular cir-
cumstances attending the very unwarrantable attack which was
made upon you in your character as a civil magistrate, at the time
that John Baughan's house was destroyed by the military.

Altho' I conceive the above circumstances on the occasion
which induces me at present to desire them from you might be
applied for officially, yet I will not press anything upon you which
you do not (after the manner in which the dispute terminated)
feel perfectly consistent on your part as a gentleman, but shall
content myself with only desiring that you may peruse the
account which my memory serves me to give of that affair; and if
you find it a correct statement you will attest that you find it so.*

Your correspondence with the parties concerned having lain
for some time in my hands as a public document to be trans-
mitted to the Secretary of State, and the interest and concern
which, as the chief magistrate, I felt it my duty upon that
occasion to take in it, made so strong an impression on my mind
that I feel no difficulty in recollecting the principal subject of
that correspondence. I am, &c,

Jxo. Hunter.

[Sub-enclosure.]

Memorandum.

On the 7th of March, 1796, the Governor received a letter from
Mr. Balmain, the principal surgeon to the colony, enclosing copys
of a correspondence which had passed between him, Captain

Note 70.

HUNTER TO PORTLAND. 175

McArthur, and the officers of the New South Wales Corps. Mr. 1798.

Balmain states in his letter how very difficult it must at all times 2o u -v '
prove for any man to do the duty of a civil magistrate when, by ^^^jjfe
the proper discharge of that duty, he is liable to the reproaches case of John
and insults of a body of officers, some of whom we know were at aug'ia
that time in the Commission of the Peace.

The outrage committed by the military which occasion'd this
correspondence was transmitted home, and laid before the Secre-
tary of State in 1796.

Mr. Balmain, in his capacity as a civil magistrate, having met
the man (John Baughan) whose house had been attacked and
furniture destroyed, had questioned him on the subject. At this
time the whole of the inhabitants were alarmed, and there was
a general cry for justice; but it having gone forth amongst the
military that Mr. Balmain had interrogated Jno. Baughan upon
the business, and that he had found him, from fear, inclined to
submit to his sufferings, Mr. Balmain told him he was liable to
prosecution for compounding a felony, and that, Mr. Balmain,
might, perhaps, be the first to forward such prosecution. Upon
this idea of the military that Mr. Balmain, who was only acting as
a strict magistrate, had interrogated Jno. Baughan, he received a
letter in the name of the military officers, the purport of which
was, as near as I can recollect, that the writer was instructed by
his brother-officers to request an answer to two questions. The
first was, if he had insisted or advised Jno. Baughan to prosecute
the soldiers ? The other was whether he had threatened Baughan
with a prosecution if he withdrew his complaint? [The docu-
ment was signed by John Macarthur.]

Mr. Balmain observes in his letter of complaint to the Govr.
that he hopes he shall not be accus'd of malice for observing that
Mr. McArthur's propensity to turbulence and litigation has ever
been conspicuous in this colony, and that he has not himself
scrupled to avow his inclination to be contentious, and to under-
value the power of the civil authority.

Mr. Balmain's reply* to the above questions were, first, relative
to the prosecuting Baughan if he compounded a felony, that he
had said so much to Baughan; and farther, that as the man's
wife appeared apprehensive that the soldiers would murder her
husband, that he had told him he had nothing to fear on that
score. He also added, that if he said more, and any person would
put him in mind of it, if it was fact, he would most readily
acknowledge he had done so. These answers were addressed to
Captain McArthur.

* Tn the margin of the original the date of Balmain's reply is given as the
8th February, 1796.

176

HISTORICAL RECORDS OF AUSTRALIA.

1798.
25 July.

Macarthur's
action in the
case of John
Baughan.

Mr. Balmain rec'd, immediately after this reply, a kind of note
or written message (10th February, 1796) in the name of the
officers of the New South Wales Corps, of which the purport was
" That after a calm and dispassionate consideration of Mr.
Balmain's conduct, as expressed in his letter to Capt. McArthur,
they should be wanting in justice to themselves if they omitted to
express their indignation at his shamefully malevolent inter-
ference in the affairs of their corps."

Let any indifferent person consider this, and say what is their
opinion of the proper duty of a magistrate in a case where the
military happen to be the rioters, and their officers in a body
undertake to threaten the civil magistrate for doing his duty ?

In this written message they had recourse to a conversation
which had pass'd between Mr. Balmain and the surgeon of the
corps, who had agreed with him in saying that in consequence
of this last outrage they were all damn'd. They conclude this
message by observing that those predicted curses wou'd probably
recoil on his own plotting head and guilty heart.

Upon this message Mr. Balmain wrote (10th February) to the
commanding officer of the corps, in which he acknowledges an
esteem for many officers of the corps. He says that he despises
and positively denys the malevolent charges with which they have
branded him, and that he is fully persuaded that, altho' the whole
body of the officers are drawn into this dispute, and that in their
name generally they have endeavour'd to heap reproach upon his
head, they have been excited thereto by the base insinuation of
some particular person who delights in strife, and who wou'd
meet from him the chastisement he merits if he cou'd fix on him.

To this letter Mr. Balmain did not receive any answer. He,
however, thought fit, after writing the above letter, to reply to
their written message by a letter addressed to Captain McArthur,
to the following effect: — That he thinks it scarsely within the
bounds of probability that any set of gentlemen cou'd be led,
from any wish of their own, to address him, who had given them
no personal offence, in the oprobrious language which the officers
of the New South Wales Corps had thought proper to apply to
him that day, and that as the letter he had receiv'd on the present
subject two days ago was from him, and that which was left at
his house that day was in his handwriting, he had no doubt but
that he was the chief promoter and principal author of the abuse
with which he had that day been loaded. He then acknowledged
his esteem for many of the officers, and concludes by telling him
that he considers him a base rascal and an atrocious liar and
villain, and says his friend, Mr. Palmer, the Commissary, who is
the bearer, will receive his answer.

HUNTER TO PORTLAND. 177

Upon this letter Mr. Balmain the next day (11th February) 1798.

rec'd a letter signed " the officers of the New South Wales Corps," _y*

in which they tell him that Mr. Palmer having declin'd to deliver JS^*^Se
a verbal message from them, they had caus'd it to be written, and case of John
was the opinion of the officers of the New South Wales Corps.
It was to this effect : " That Mr. Balmain's letter to Captain
McArthur had been read to them, and that they were unani-
mously of opinion that no other notice cou'd be taken of it by
him but that which he did take; that the censure thrown on
Mr. Balmain was the act of the whole corps ; that collectively and
individually they consider'd his conduct towards them with the
highest degree of contempt and indignation; that his letter to
Oaptain McArthur, instead of lessening that contempt, has serv'd
to increase it, as it proves him ignorant of the language of a
gentleman, as his language have ditermined him incapable of
sentiments of honor or integrity; that if he is inclin'd to justify
himself, or to resent in a proper manner the opinion of the corps
towards him, he has nothing more to do than to communicate
what his wishes are with them; that if he desires to explain
himself individually the corps will point out an officer for that
purpose, and if he shou'd fail in giving Mr Balmain the satis-
faction requir'd, another and another will be flx'd on untill there
is not one left to explain; that it is hop'd Mr. B. will not under-
stand what has been said as an unmeaning threat, for he may
assure himself that they are all earnest for an opportunity of
punishing the infamous conduct of the person on whose part Mr.
Palmer stood there, and that no one will voluntarily resign to
the other his right to inflict it."

Mr. Balmain sent by his friend, Mr. Palmer, his last message
{11th February), which was chiefly addressed to Captain
McArthur, and was to this effect nearly : " That he will ever
aquit himself of any intention to offend the officers of the New
South Wales Corps, and therefore will justify himself on that
head; that he has no desire to quarrel with any man, altho' the
message just receiv'd by Mr. Rowley is an illiberal repetition of
the unmerited insults he has already receiv'd ; that Mr. McArthur
he has been very explicite with; he cannot therefore be ignorant
of the meaning of his letter of last night deliver'd by his friend,
Mr. Palmer. Mr. Balmain has only to add that he will maintain
to his last breath the character of a gentleman in defyance of
every unmanly mode of detraction that Mr. McArthur is capable
of using."

The above is a true extract of the correspondence alluded to.

W. Balmain.
Ser. i. Vol. II— M

HISTORICAL RECORDS OF AUSTRALIA.

1798.
25 July.

The state of
the settlement
under Governor
Phillip.

Religious
observance
under Grose
and Paterson.

[Enclosure No. 3.]
Key. E. Johnson to Governor Hunter.

Hon'd and Dear Sir, Sydney, 5th July, 1798.

I have received your Excellency's letter of yesterday's date,,
and in compliance with your request I have set down to give you
an answer as early as possible.

Your Excellency, well knowing, however, the weak state T am
in, and the afflictions I have been labouring under for some time,
will, I trust, have the goodness to excuse me entering into that
length in stating particulars w'h otherwise I might do.

Yourself, sir, being a kind of resident amongst us at the first
formation of the colony, and for some time afterwards, I need
not state to you the plans adopted and the measures pursued
by Govr. Phillip for the proper regulation and good order of the
colony, as well in a moral as civil point of view.

Little or no alterations were made from those plans or measures
from the time you then left us to that when Govr. Phillip him-
self returned to England, in December, '92.

Some time previous to his going I was at his request sworn in
to act as a civil magistrate in your place, w'ch duty I continued
to perform untill the time he left us, at w'ch time ye colony was
as peaceable, orderly, and moral as c'd be expected, from such a
description of people as the colony was formed of.

But no sooner had Govr. Phillip left ye colony than I was
convinced that the plan or measures of Government were about
to undergo an intire change. The civil magistrates, within two
days, received an order that their duty w'd in future be dispensed
with, and from that time untill your Excellency's arrival again
in the colony everything was conducted in a kind of military
manner.

This, I believe, was the first step towards overturning all those
attempts and endeavours that had hitherto been planned and
pursued for ye establishment of good order to be kept up amongst
the different ranks and orders of the inhabitants of ye colony.

Every Order that had been given tending to promote morality
and religion seemed now to be laid aside, and fresh orders issued
tending to banish whatever (in the opinion of a good and virtuous
mind) is or ought to be first considered and promoted (and par-
ticularly in a colony like this, where by far the major part of the
inhabitants are lost to all sense of virtue, and abandoned to every
species of wickedness), vizt., a reverence for the Supreme Being,
and a strict observance of all His just and righteous precepts.
But the case was much otherwise; for within a month after
Governor Phillip was gone I received an Order to perform divine

and Paterson.

HUNTER TO PORTLAND. 179

service at six o'clock in the morning. A quarter before seven, 1798.
the tatto (as it called) beat off for relieving the guard; so that y'

I had barely three-quarters of an hour allowed me to go through ^Spj0118
the church service, and this was all that was required for ye day. under Gro*e

I beg leave here to give your Excellency an anecdote that
happened one Sunday morning at that time. I had got up at
daybreak, as usual, to be ready in time to perform public service.
At six o'clock the drum beat for church. I met the soldiers at
the place appointed, in the open air. Before I began I heard the
drum-major give directions to two drummers to beat off at ten
minutes or a quarter before seven, as usual. Suspecting what
was going on, I looked at my watch, read part of the morning
service, then (without any singing) gave out my text, and had
gone through about half of my discourse when the drum beat, and
the soldiers instantly got up, took up their arms, fell into their
ranks, and marched away. Judge you, sir, what must have been
my astonishment and concern. I looked round and saw about
half a dozen convicts standing behind me, but (such were my
feelings upon this occasion) I c'd not go on with my discourse,
and therefore returned home, greatly distressed in my mind at
such barefaced profanation and infidelity.*

What I have above stated, your Excellency may conceive, was
a most effectual step to throw aside all regard or reverence for the
Sabbath Day, and to render all public solemn worship utterly con-
temptible. And such were the bad effects w'ch this strange kind
of an Order, and not less strange and unaccountable kind of con-
duct, produced, seldom more than ten or twenty convicts (and
sometimes scarcely any except my own servants) ever attended
public service. The generality of them at the time were either
asleep in their hammocks or setting in their hutts, or otherwise
gone out to work for officers or other individuals. Spirituous
liquors was the most general article and mode of payment for
such extra labour, and hence in the evening the whole camp
has been nothing else, often, but a scene of intoxication, riots,
disturbances, &c.

Gaming was no less prevalent at the same time. Many of them
I have myself detected at this work, both as I have gone to and
returned from church. Sixteen were at one time detected by one
of the constables within a hundred yards of the church, and at
the time I was preaching. Numbers of them have gamed away
the clothes off their backs, and the very provisions served them
from the public stores, for weeks or months before these became
due.

Hence so many flagrant and daring robberies that were com-
mitted at that time. Seldom a night passed but in the morning

* Note 71.

180

HISTORICAL RECORDS OF AUSTRALIA.

1798.
25 July.

Religious
observance
under Grose
and Paterson.

some fresh depredations were heard of, either in one part of the
camp and colony or another. Neither have I escaped those
nightly visitors. Twice has my house been broke open — ouce
through the wall, brick and half thick, and once through the
tyling — and both times I was robbed of property to a considerable
amount, which I had purchased for the use and comfort of my
family.

In this way things went on from bad to worse, and from worse
to worse still untill (I will not say all vital religion and godliness,
but) even almost all common morality and even decency was
banished from the colony.

Seeing, my dear sir, such gross immoralities, depredations,
drunkenness, riots, and even murders, daily committed, seeing
them still becoming more open and flagrant, and seeing no steps
taken to put a check or stop to such shameful and horid pro-
ceedings, I c'd not forbear complaining and remonstrating
against them. But all such complaints and remonstrances
answered no other end than to add to the insults and pointed
opposition I had already experienced in the performance of my
public duty, and to oppress me the more in my domestic concerns.

I cannot forbear giving your Excellency another instance of
the most gross opposition I met with at that time. At one time
when a Criminal Court was held there were two men sentenced to
suffer death. The same afternoon I visited them in their lonely
cells, and intended to visit them again in the evening. The
sergeant of the guard called at my house the same evening with
a request from the prisoners that I w'd spare them a candle.
I sent one by my servant, and desired him to inform the sergt.
that I w'd come to the prisoners in a few minutes. In less than
half an hour the sergt. came to my house a second time, brought
back part of the candle, and informed me that he had received
orders not to admit any person to see or speak to the prisoners
except Mr. Bain, chaplain to the corps. This message surprized
me not a little.

The Rev. Mr. Marsden was then arrived at ye colony, and was
with me in the room at the time, and was under no less surprize
than myself. We then agreed to go to the guard-house together.
We called for the sergt.; begged he would repeat the message
w'ch he had just before delivered at my house, w'ch he did, nearly
in the same words. I replied, " I suppose, sergt., you know who
we are ? " and asked if we c'd not be permitted to see and speak to
the two men that were to suffer. He ans'd again that he knew
us very well, but that such were his instructions that he c'd not
admit us. We then returned home, when I immediately wrote a
letter to the Lieut.-Govr., but rec'd no answ'r.

HUNTER TO PORTLAND. 181

25 Julv,

The next morning the order for their execution was brought to 1

me — that at such a time the two prisoners were to suffer, and
that at their request he had ordered Mr. Bain to attend them. ^Jervance
All this was a fabricated falsehood, as I will prove by incon- under Grose
testible evidence, by a person who was permitted to visit them, an a erson
and who asked them several times whether they ever had made
such a request, when both of them positively and frequently
declared they never had — that they were surprized I had never
been with them, and expressed (particularly the morning on
which they suffered) an anxious wish to see me.

I will give your Excellency another instance : A convict and his
wife came one morning to my church, and on their return home
they were met by one of ye constables, who asked them why they
had not been to church. They said they had been there.
" Where ? " " To hear Mr. Johnson." The constable replied,
" Don't you know you are forbid to go there ? " and then
threatened to have them punished if they did the like again.

Had I time, my dear sir, w'd my health permit, and w'd it
not be carrying my answ'r to your letter to a greater length than
may be convenient or intended for your purpose, I w'd readily
give your Excellency a more full and particular account of the
various difficulties, insults, oppositions, oppressions, w'ch I at the
time above alluded to have experienced. But I forbear, this being
not altogether answerable to the purport of your letter, w'ch is
not to give you a detail of my peculiar situation or trials, but a
general statement of the colony, both before and since your
arrival in it, in that high and important office you now sustain.
Neither would I, believe me, sir, have said so much respecting
myself, but as I have been compelled to do so, this being so closely
(I may say) inseparably connected with the general tenor or
purport of your letter.

I therefore only beg leave to inform your Excellency that I
have at different times given my f'ds in England full and ample
information upon this general and, to me, painful subject. Either
his Lordship the Bishop of London or Mr. Wilberforce,* I believe,
is at this time in the possession of those papers, and if your
Excellency has any wish that those papers may be produced as
likely to answer any end or purpose you intend, I will readily
write both to his Lordship and my friend upon the subject.

If, sir, more evidence is necessary to prove the authenticity of
what I have stated, either in ye papers I have just mentioned, or
in the lines I am now writing to you, I can likewise appeal to ye
Revd. Mr. Marsden, my assistant, who arrived in ye colony at the
time public matters were thus conducted and those immoralities
were committed, and who, as well as myself, has often been

* Note 72.

HISTOEICAL EECOEDS OF AUSTEALIA.

1798.
25 July.

Motives of
the Rev. R.
Johnson.

shocked to see the colony in such a state of disorder and con-
fusion. But your Excellency need only recollect and seriously
reflect upon the general state of the colony upon your arrival, and
I am persuaded that all papers or appeals I could produce would
be rendered unnecessary. The same immoral and licentious
practices were then committed, and were not got the better of,
but by much patience, great exertions, and unwearied persever-
ance, and yet after all that has been done I believe your Excel-
lency is aware that much yet remains to be done before the colony
be restored to that order and subordination which is so highly
requisite to good government — that is, for the prosperity of the
colony in general, and the happiness of individuals in particular.

I hope, however, that the steps your Excellency has already
taken, and are daily taking, will be attended with the much
to be desired consequences of producing some order out of so
much confusion; some reformation and morality out of so much
abounding licentiousness and irreligion th't has so long prevailed
in and almost overspread the colony. Your having, sir, re-
established the civil magistrates to the execution of that duty;
your causing proper and substantial buildings to be erected as
places of confinement and punishment of those vagrants as seek
to disturb the public peace; your appointing a night-watch, both
in the camp and in the different districts throughout the colony;
the lenity you have shewn to some, and the severity you have
seen necessary to exercise towards others; in short, the various
Orders you have issued, and the different regulations which you
have made, have, I hope, in some degree, already checked the
abounding iniquity that once prevailed; and I w'd further hope
(arduous and painful as your present situation may appear to be,
and really is) 'ere you quit the colony, by your continued reso-
lute exertions in pursuing those measures w'ch you have adopted,
you will have the happiness to see your exertions have not been
rendered fruitless.

Bear with me, my dear sir, whilst I add that ever since our
first arrival at and first formation of the colony, vizt., for now
near eleven years, it has been uniformly my very sincere wish
and endeavour, as well by precept as example, to promote the
general peace and happiness of the colony, and to the best of my
knowledge I never deviated from or disobeyed any order given
me, however contrary it might be to my own private sentiments or
painful to my feelings. I have equally endeavoured to inculcate
the same kind of moral sentiments, and to inforce the same kind
of moral conduct, upon the minds and consciences of others. An
inward consciousness of thus having endeavoured to discharge my
dutv has ever afforded me matter of consolation in the midst of

HUNTER TO PORTLAND. ]83

all the insults, oppression, &c, I have met with, as well as under 1798.
those bodily afflictions and infirmities I now feel, w'ch I ever did 25 y'
and shall attribute to that illiberal and severe treatment I some JU-healthof

the Rev. R.

time passed experienced. Johnson.

I s'd be happy, sir (s'd it please God to restore me to enjoy
better health) to remain some time longer in the colony, and to
unite according to my abilities, and agreeable to my office and
station, whether as a minister or a civil magistrate, in my
endeavours for the public weal. At present, however, I have
but little such hopes or expectations. The attacks of my com-
plaint are both frequent and severe, and every relapse leaves me
still weaker and weaker. All I can do at present is to pray for
you that the Supreme Being may give you that wisdom, patience,
courage, and other virtues so necessary to govern in a situation
like yours; and that the Almighty may bless and succeed your
wishes and endeavours to the prosperity and happiness of the
place and persons over which you are appointed to govern. With
such sincere wishes and fervent prayers for you, believe me to
be, &c, Kichard Johnson.

[Enclosure No. 4.]
Surgeon Arndell to Governor Hunter.

Sir, Arthur's Hill, 25th July, 1798.

Agreable to your Excellency's wishes, I take leave to sub-
mit my sentiments regarding the present state of moral and
orderly conduct in the colony, in its gradations to improvement
for the last three years, and what it was during at least three
years preceding that of 1795.

Nothing more painfull or distressing can be imagined than our state of the
situation during the last-mentioned period. The departure of under^rose
Govr. Phillip from the colony was soon followed by a surprising and Paterson.
change in the management of civil affairs; the wise and useful
regulations he had so successfully adopted for the security and
•conservation of good order and public peace were in a moment
almost annihilated, and a torrent of licentiousness bore down
•everything sacred and civil before it. Whatever was injurious or
disgracefull to human nature might have been reasonably ex-
pected from general drunkenness; yet general and habitual
drunkenness absolutely became the unfortunate fashion of the
times; the consequence was that crimes of every sort increased
to an alarming degree; thefts and robberies became so numerous
that they were spoken of as mere matters of course, and even
rapes and murders were not infrequent. The respect due to
superiors, and the subordination so essential to the welfare of
civil society, seemed banish'd from the minds of the unthinking

HISTORICAL RECORDS OF AUSTRALIA.

1798.
25 July.

Governor
Hunter's
reforms.

multitude, and that to such a degree that no one could think
himself safe in passing from one part of the town to the other.
Among several insults I have myself met with, a soldier accosted
me one evening in the road at Parramatta and insisted on my
spending a bottle with him. Upon saying that I would see him
home to his barracks he told me he would spare me that trouble
by knocking me down, which he would certainly have done at the
moment if he had not been prevented by a person who joined us
at the time.

Assaults the most outrageous were frequently committed, and
the constables in particular had often just reason to complain of
the insult, obstructions, and ill-treatment they met in the dis-
charge of their duty. A remarkable instance of this sort occur'd
some years ago in the case of the present chief constable at
Parramatta, who was knocked down in the public road in the
most sudden and unprovoked manner by a ruffian merely because
he held that office and had acquired the character of being active
and impartial.

As no pains were taken to inspire a reverence for religion, the
Sabbath, instead of being passed by the people in attendance at
divine service, was profaned as a day particularly appropriated
to gaming, intoxication, and the uncontrolled indulgence of every
vicious excess.

Such, sir, was truly the lamentable state of the colony as to its
morals and orderly conduct at the auspicious moment of your
Excellency's arrival in 1795 — an arrival which gave the most sin-
cere pleasure and the most agreable prospect to every rational and
well-disposed member of the community. Since that time your
Excellency's indefatigable attention to the interest and prosperity
of the settlement has produced the most salutary and happy
alterations; the establishment of a civil police extending through
the several districts of the colony has powerfully operated to
secure the peace and prosperity of the settlers and inhabitants,
and leave offenders scarcely a hope of eluding justice. Crimes,
of course, decrease, and are comparatively rare. Industry thrives
and is encouraged, and decent submission to the laws and respect
to magistrates are now much more apparent than at any former
period. The obvious utility and propriety of the various orders
and regulations framed by your Excellency for the benefit of the
colony are also very generally felt and acknowledged.

Upon the whole, sir, and upon the best recollection of the
several changes and variations which have taken place in the
colony during my residence in it, I cannot hesitate a moment
to submit as my opinion, and give it with the greatest satis-
faction, that in point of moral and civil order, it is now, and has

HUNTER TO PORTLAND. 185

been for the last three years, infinitely superior to the years 1798.

preceding, and that it has certainly attained to as great a degree 2o July"
of improvement in these respects as the almost insurmountable
difficulties would allow which must have presented themselves
to your Excellency's observation. I am, &c,

Thos. Arndell.
[Enclosure No. 5.]
Rev. S. Marsden to Governor Hunter.

Honoured Sir, Parramatta, 11th August, 1798.

Having been directed by your Excellency to lay before you The state of
a statement of the immorality of this colony prior to your arrival, under Grose
I shall briefly submit a few particular facts, upon which a general and Paterson.
opinion may be founded. I am conscious no individual can truly
represent the riot and dissipation, and licentiousness and immo-
rality, which pervaded every part of this settlement, amongst the
lower ranks of its inhabitants, at the period in question.

Gaming and drunkenness, and robberies and murders, were
common crimes. With due submission I would appeal to your
Excellency as an eye-witness, and as a principal magistrate, how
the colony was deluged with every species of sin and iniquity
for several months after you landed at Port Jackson. These
enormities shall partly be accounted for in what I now proceed
to state. On my arrival in Sydney, in March, 1794, I found
my colleague, the Rev. Richard Johnson, involved in a serious
quarrel with the commander-in-chief.* My colleague represented
also the licentious state of the colony, and the small- hopes he
entertained of any success in the reformation of the unfortunate
prisoners, in consequence of the total neglect of all religion, and
the great contempt cast upon his sacred office. I had not been
long in the settlement before I was convinced of the immoral
state of its inhabitants, and that my colleague's representation
was but too well-founded. As a clergyman, I could not but feel
for the people committed to our charge, being persuaded that all
attempts to instruct them in the duties of religion would be in-
effectual, unless the police of the colony was totally changed.

The following facts, I presume, will be a sufficient foundation
for the above persuasion. In consequence oi the opposition and
treatment my colleague received, his health was much impaired.
On this account I was occasionally called from Parramatta to do
duty at Sydney. One Sabbath, during time of divine service in
the morning, I was much interrupted by some of the prisoners
breaking up ground near the church. Service being ended, 1
remonstrated with the prisoners, pointed out to them the impro-
priety of their conduct in spending the time of divine service in
manual labour, especially so near the church. They Seemed to

* Note 73.

186

HISTORICAL RECORDS OV AUSTRALIA.

1798.
■25 July.

The state of
the colony
under Grose
and Paterson.

treat my remonstrances with contempt. I therefore threatened
to have them confined if they persisted to work in the evening.
To my great mortification these convicts had the audacity to
persevere in their improper conduct till the evening. Divine
service being over, I applied to my colleague, he being a civil
magistrate, to have them taken into custody for their open viola-
tion of the Sabbath and contempt of me as a clergyman and one
of his Majesty's officers. By his order they were immediately
committed to prison. Their commitment was no sooner reported
to the commander-in-chief than he sent the captain of the guard
to know the cause. I stated to him their whole conduct, and fear-
ing lest any misunderstanding should take place, I immediately
waited upon the commander-in-chief and represented the
prisoners' conduct to him also. He seemed displeased that they
had been confined, and ordered them to be released. I told him I
conceived there was just ground of complaint, as these men had
interrupted me in my public duty. He replied, the inhabitants of
the settlement had his permission to work upon the Sabbath, and
begged I would never interfere again with the internal govern-
ment of the colony. From the sentiments expressed by the com-
mander-in-chief upon this occasion I was determined to prefer
no more complaints, but to struggle with present difficulties till
time and a change of Government should remove them. At the
same time I could not but lament at the awful prospect (a pros-
pect pregnant with every evil to the colony) of seeing everything
sacred and moral trampled upon. Such disrespect shown to the
sacred office of a clergyman, and such open violation of the Sab-
bath countenanced in the commander-in-chief, could not fail of
producing the most destructive effects upon the minds of such
vicious persons as are transported to this place. The Lord's Day
was spent by the principal part of the convicts either in cabals,
or labour, or gaming, or drunkenness, or robberies. If this un-
bounded license granted by the commander-in-chief be maturely
considered in all its serious and fatal consequences, I submit to
your Excellency to draw the sad conclusion from the above
premises. It is well known that all civilised nations have found
it expedient for the maintenance of good government (waving all
other considerations) to inculcate upon the minds of their sub-
jects a due respect for religion, whether their national religion
were false or true.

Parramatta, the place of my residence, was no less a scene of
everything immoral and profane. The commanding officer there,
Captain McArthur, was no more inclined to countenance a due
respect for the Sabbath than the commander-in-chief at Sydney.
The Lord's Day was generally spent in riot and dissipation by

HUNTER TO PORTLAND. 187

the settlers, soldiers, and prisoners. The following melancholy 1798.
circumstance will serve to shew what was the state of order and 25 July"
morality at the time alluded to : — One Sabbath Day I had just The state of

i • i to- -n the colony

done preaching when a settler, named bimon Burn, came up to under Grose
me and insulted me in the most daring manner. At that time an a erson*
he was in a state of intoxication. The head constable being
present, I desired him to take the settler before Captn. McArthur,
there being no other magistrate at Parramatta. I immediately
waited upon the commanding officer and stated to him the
settler's improper conduct, and how riotous he had been in the
camp that day, and requested he would have the goodness to
confine him untill he became sober, to prevent any more dis-
turbance in the town. Instead of attending to my complaint, he
considered it as vexatious, treated me in a manner unbecoming a
gentleman, and dismissed the settler in his state of intoxication.
The consequence was, the second or third Sunday following this
same man was drinking in the camp as usual, when one of his
companions stabbed him to the heart with a knife, of which
wound he instantly expired. I was not informed when the
murdered man was to be interred ; having learnt this by accident,
I hastened to the place to perform the funeral rites, when upon
my arrival I found his companions had buried him in the most
beastly manner, after pronouncing the most horrid oaths, curses,
and imprecations over his corpse.

I mention this circumstance to shew your Excellency in what
a hardened and profligate and desperate state of mind the com-
mon people were. All idea of a Supreme Being and respect for
everything decent, moral, and sacred seemed totally obliterated.
Yet this was no more than might naturally be expected from
such a description of mankind when all, without exception, how-
ever infamous and abandoned, were allowed by those in authority
to absent themselves from public worship and to spend the
Sabbath as their different passions and interests operated upon
them. Being compelled from a sense of duty occasionally to
represent to the commanding officer at Parramatta the excess
and riot exhibited on the Sabbath in the open camp in violation
of all law, sacred and human, my representations were neglected
and my person insulted. Your Excellency cannot be ignorant,
since your arrival, of Captn. McArthur's attempt privately to
assassinate my character, and of his violent and shameful attacks
publickly to ruin me for ever in the opinion of the inhabitants
of this settlement. Had his malicious intention succeeded, my
authority and influence and respect as a clergyman must have
been totally lost amongst them, and consequently my studies to
instruct the people of my care rendered useless.

188

HISTORICAL RECORDS OF AUSTRALIA.

25 July.

The state of
the colony
under Grose
and Paterson.

Hunter's
reforms.

It may seem a little indelicate in me to say I feel a conscious
security in my own integrity, and should have no reluctance to
appeal to this colony at large how far I have acted correspondent
with the dignity of my sacred office. Your Excellency will pardon
this digression when you reflect what an unfair advantage the
above officer took of my situation to ruin my character and my
peace of mind.

There can be no part of his Majesty's dominions where the
clergy have been treated with so much neglect, and none where
their influence and instructions have been more necessary. I
cannot but attribute to the neglect of public worship as a chief
cause that idleness, and prodigality, and excess, and ruin which
have raged amongst the settlers and prisoners. To shew what
subsequent ruin has come upon the settlers and their families, I
beg leave to refer your Excellency to those reports respecting
their situation which I had the honour to lay before you in
February last.*

It is not possible to exhibit a more convincing proof of the
dissipation and immorality of this colony than the beggary and
ruin of this description of its inhabitants, who ought to be the
strength and support of the settlement. What I have now stated
are well-known facts, and I deem it quite sufficient without
further enumeration to furnish your Excellency with that infor-
mation you require.

Before I conclude this paper, suffer me to express my gratitude
for the happy change which has been made in the internal govern-
ment of this colony. Some months after your Excellency suc-
ceeded to the command of this settlement, and had learnt from
your own knowledge and observation the true state of its con-
cerns, exertions were made to arrange its distracted affairs, and
to establish order and subordination and quiet amongst the
inhabitants. It is obvious the salutary effects of these exertions
have been felt more or less in every district.

The obsticles to order and subordination and good government
were and have been so great that time and unwearied persever-
ance alone can remove them. Much, however, has been done since
your Excellency's arrival, notwithstanding every opposition, to
establish the prosperity and happiness of this settlement upon a
permanent foundation, the established laws of our country, and
much still remains to be done.

That every future attempt your Excellency may make to pro-
mote the general good, and to render these parts of his Majesty's
dominions prosperous and happy, may be attended with success, is
the prayer of, &c,

Samuel Marsden

* Note 74.

HUNTER TO PORTLAND. 189

[Enclosure No. 6.] 2798.

25 July.

M\carthur's Charges* against Atkins and Atkins' Eeplies. ^r — —

Macartnur s

Copy of charges or assertions exhibited against Richard Atkins, 55km? against
Esquire, by Captain John McArthur, of the New South
Wales Corps, with the several answers thereto: —
" On his having drawn a bill of exchange in favour of Captain
Bond, of the East India Service, on Mr. Thornton, of London,
with intent to defraud, he having neither account or credit with
Mr. Thornton " :

Mr. McArthur asserts that I have no account with Mr.
Thornton. I declare that I have had pecuniary dealings with that
family for these twenty years last past ; that I have drawn many
bills on them, all of which have been paid when presented (this
excepted), and what may have been Mr. T. reasons for not
honouring the one in question is not for me to enquire; but this
I say, that from the several transactions passed between us I had
a well-grounded expectation that it would have been honoured.
The bill was drawn about February, 1793. One private letter I
am informed has been written by Captain Bond to Mr. McArthur,
acquainting him that the bill had not been paid. He has had
this letter in his possession for upwards of two years, and he
now brings it forward — for what purpose? To answer his own
malicious ends to lower me in the estimation of your Excellency,
of his Majesty's Judge-Advocate, and in that of the principal
officers under your government, and that at a time when I was
going to take upon me the discharge of an office of the utmost
consequence to every individual in New South Wales. If Cap-
cam Bond was not satisfied would he have let so long a time
elapse without taking some step for the recovery of the amount
of this bill? Why was not the regular mode adopted? Why
did he not protest it for non-payment and transmit it to Mr.
McArthur, as his agent, with a proper power of attorney to sue
me ? Numerous ships have since arrived from England and
the East Indies. But I assert to your Excellency that it has
long been paid, and if he is satisfied, what right has Captain
McArthur to complain? If my intention had been to defraud
Captn. Bond I might have drawn a bill on any indifferent person
as responsable as Mr. T. in London, or on any fictitious person.
No, sir, I drew on a family that had been in the habit of paying
bills for me, with whom I have had very extensive dealings, and
with whom I have at present credit to a considerable amount.
(If necessary, I refer your Excellency to the Reverend Mr.
Johnson.) Taking the whole into your serious consideration,

* Note 75.

190 HISTORICAL RECORDS OF AUSTRALIA.

1798. I am induced to hope you will acquit me of any intention to

u y' defraud Captain Bond, and consider this first charge as grounded

chaCiaiesha^ainst on malev°lence and low vindictive malice.

Atkins. e " On his having drawn a bill of exchange on an agent in

London with whom he had neither account nor credit, with
intent to defraud Mr. Palmer, the Commissary " :

As an answer to this charge I refer your Excellency to Doctor
Thompson's testimony, herewith transmitted, and just observe
that Messrs. Collett and Wimburne have for these seven years
past been my agents to receive the interest on £2,000 left me by
my mother, Lady Bowyer, and likewise to receive my half-pay.
The whole of this money has been appropriated to particular
purposes regularly, except £13 12s. 2d. (the amount of the bill),
no part of which sum have I received since the 25th of December,
1791, the year I left England. Mr. Palmer, in whose favour the
bill was drawn, will acquaint you with his opinion on this trans-
action. If I had intended to defraud him could I not have
drawn for £100 or a larger sum than the trifling one now in
question? This charge I hope your Excellency will place to the
same low pitiful account as the first.

" On his being frequently in a state of intoxication the most
shameful, but more particularly on the 19th of August, when he
was seen exposing himself in the public streets at an early hour
in the morning " :

In answer to this charge I refer your Excellency to the several
testimonies herewith transmitted, as well as to the affidavits of
two persons whom Mr. Mc Arthur in the most shameful, scanda-
lous manner endeavoured to intimidate for the most infamous
purposes. I must request your Excellency's attention to that
part of T. Saul's evidence where he says, " I drank a little liquor,
which after that 'tis well known am deprived of sensation or
recollection, and if I uttered what is mentioned must be in that
situation." I am in your Excellency's judgment whether or not
if Saul had (unfortunately for me) been in the state he mentions
would he not have been frightened by Mr. McArthur ? Would
he not have been induced (perhaps with an additional glass) to
say anything Mr. McArthur chose? Would he not have signed
it? Perhaps swore to the truth of it, and is it not probable that
Mr. McArthur would the next day have told Saul if he did
not persist in the oath he had taken he would accuse him of
perjury? This respectable evidence would no doubt have been
made the most of. If these practices are permitted to go on with
impunity, who is safe? Ought not a stigma to be cast on +hat
man who has dared to violate in so infamous a manner every
principle of law and justice? One remark more on this charge.

HUNTER TO PORTLAND. 191

It mentions in the body of it that on the 19th I was seen, &c. It 1798.

was on the 19th the piggs was sent to Toongabbe, and it was 2o July"
on that day Saul says he delivered me the letter " between the Macarthur's
trees adjoining my own house," and that I was not drunk. This Atkins!
being the case, how could I be " exposing myself at an early
hour " ? I declare to your Excellency this charge is founded on a
most base and infamous falsehood, and I trust will be treated as
such.

" On his abusing and ill-treating Mr. Thorp, the millwright,
and Wm. Eydout, for applying to him for the payment of money
he was indebted to them " :

Though this charge is of so trifling a nature as hardly worth
noticing, yet for your Excellency's satisfaction the evidences of
Thorp and Eydout have been taken, and to them I refer. I had
purchased a small farm from Mr. Thorp and had paid him all the
money except £4. Mr. Thorp met me and asked whether it was
convenient to me to pay him that sum. I answered that he
should have it on Saturday. He was perfectly satisfied; but on
the Thursday preceding the Saturday he came to my house and
behaved in so insolent a manner that I was under the necessity
of turning him out of my house. Rydout's testimony will, I
conceive, be perfectly satisfactory.

" On his stopping Benjamin Carver, a settler, and forcibly
taking from him his property in the public highway, and distri-
buting it at his pleasure, in defiance of the poor and helpless
owner " :

This at the first view appears a heavy charge, amounting to a
highway robbery; but I trust it will bear a very different com-
plexion when your Excellency has perused Carver's own account
of it. It will appear that the liquor then paid away was with
his own consent, and not distributed.

" On his having desired the destruction of one of his letters
written to Lieut. Cummins on business, least it should be pro-
duced and prove the follies that are committed under the sacred
name of justice " :

I transmit to your Excellency a copy (the original in my pos-
session) of the note, and you will judge how far Mr. McArthur is
authorized to ground such a charge on it : — " Mr. Atkins' comp'ts
to Mr. Cummins — is informed that he means to memorial the
Governor for a delay of justice. Mr. A. wishes Mr. C. to recollect
that he apologized to him for the delay by press of business. But
Mr. C. may rest assured that the evidences shall be transmitted
to his Excellency in the course of three days. Supposing Mr.
Atkins was wrong, he did not suppose Mr. C. would appeal with-
out acquainting him with it."

192 HISTOEICAL RECORDS OF AUSTRALIA.

1798. The evidences alluded to were respecting F. Davis and Mr.

J Jl,ly- and Mrs. Cummins, and they were sent within the time specified.
The note was sent in consequence of Mr. Marsden's informing
me with Mr. Cummins's intentions. Kichard Atkins.

[Sub-enclosure No. 1.]
John Thompson to The Rev. S. Marsden.

Reverend Sir, Parramatta, 19th August, 1796.*

The testimony Agreeable to your request, I transmit the following taati-

Thompson. mony respecting Mr. Atkins: — In Deer., 1792, I received from

Mr. Palmer, the Commissary, a bill of exchange drawn by Mr.
Atkins on Messrs. Wimburne and Collett, in London, which bill,
on my arrival in England, I presented for acceptance. One of
these gentlemen (I believe Mr. Wimburne) told me that they
could not pay it as they had no money of his in their hands, but
desired me to leave the bill and call again in a few days, when he
would see what could be done.

In the course of three weeks or a month I called again and
saw another gentleman (the other partner of the house), who told
me they had no money of Mr. Atkins in their hands for some
time, and that I had better carry the bill to the indorser or his
agent, which I did, and Mr. Toulmin accepted it immediately.

I suffered no loss by this bill, nor ever mentioned it as a re-
flection on the character of Mr. Atkins, being the subject of a
private conversation at Captn. Mc Arthur's house, from whence I
never expected unguarded talk would be brought forward to the
prejudice of a gentleman which was not meant as such.

I have been in some degree of intimacy with Mr. Atkins ever
since my arrival in this country, and from what I have been able
to observe from his general conduct and conversation (even the
most unguarded) I sincerely believe him to be a man of strict
honour and principle, and uncapable of drawing that bill with a
fraudulent intention, and I attribute the refusal to mistakes of
agents which we all know frequently happens.

I have had frequent occasion to make application to Mr. Atkins
in his official capacity, and always found him ready to attend to
them, nor to my knowledge did I ever observe Mr. Atkins in-
capable of attending to his duty from inebriety.

I firmly believe this prosecution to be raised from private
resentment, as I have often heard Captn. McArthur rail very
much against Mr. Atkins, and Captn. McArthur himself told me
he would not have troubled Mr. A.tkins at this time if he (Mr.
Atkins) had not interfered with him in his duty.

* Note 76.

HUNTER TO PORTLAND. 193

I have frequently heard Mr. Atkins say that tho' Captain 1798-

McArthur and himself had been at variance, yet he would, as the 25 July-
inspector of the public works, pay the most particular attention
to anything that affected Captn. McArthur ; and in my opinion he
always shewed a peculiar delicacy in anything that might hurt
Captn. McArthur's feelings, tho' he has often observed Captn.
McArthur had not adhered to ye same line of conduct towards
him. I am, &c,

Jno. Thompson.

[Sub-enclosure No. 2.]
The Kev. S. Marsden to Judge-Advocate Collins.

Sir, August, 1796*

Mr. Atkins having called upon me to give my testimony of The testimony
his conduct, in compliance with his request I feel no hesitation to Marsden.
make the following declaration: — That every Court day when
Mr. Atkins and I have sat together to hear any complaints Mr.
Atkins has always appeared to me to be perfectly sober, and
both capable and also ready to proceed to the investigation of
such matters as were from time to time brought before us. I
may further add that no act of injustice or oppression done by
Mr. Atkins to any individual in the colony has ever come within
my knowledge or information. I do also believe that Mr. Atkins
has never transgressed the sacred rule of justice in the discharge
of his duty as a magistrate at Parramatta since I have known
him. I am, &c,

Samuel Marsden, J.P.

[Sub-enclosure No. 3.]
Geo. Barrington to The Kev. S. Marsden.

Eevd. Sir, August, 1796*

In obedience to your requisition to know whether in wait- The testimony
ing on E. Atkins, Esq., J.P., with reports or other official duty I Barrington.
have at any time found him so inebriated as to be unable to
proceed to investigation, permit me to say that I recollect no such
instance. On such occasions he has generally appeared to me to
be actuated by a lively zeal for the public welfare. And I think
I may take the liberty to add that few men here or elsewhere
have more accurate or more extensive notions of the duties of
justice and benevolence than the gentleman alluded to.

I am, &c,

Geo. Barrington.
Ser. I. Vol. II— N * Note 76.

194 HISTOEICAL EECOEDS OF AUSTEALIA.

1798 L Sub-enclosure No. 4.]

25 July.

Thos. Arndell to The Eev. S. Marsden.

Eeverend Sir, Arthur's Hill, 18th August, 1796*

The testimony In compliance with your desire, I send you the under-

Arndefi?0n written testimony of Mr. Atkins's conduct.

About the latter end of July I met Captn. McArthur, when
he informed me of the difference between Mr. Atkins and him-
self, and that he should inform the Governor of his characterr
which was a drunkard, a swindler, a vagabond, &c, &c, and
spoke of Mr. Atkins as an unfit person for the office he was to
hold. Captn. McArthur also told me that if Mr. Atkins had not
begun with him he should not have meddled with him now. I
informed Mr. Atkins of the conversation, only omitting the
abusive and slanderous expressions made use of, fearing it might
widen their breach.

From my private intimacy with Mr. Atkins for several years,
no person has had more opportunity of observing his conduct
and knowing his real principle, which I have ever found full of
benevolence, justice, and humanity. Since Mr. Atkins has held
his present situation I have always heard him express the greatest
wish to oblige Captn. McArthur as far as lay in his power, and
by all means to avoid quarrels and contentions, as it would answer
no end but that of impeding the public service.

I have frequently heard Mr. Atkins say that Captn. Mc Arthur's

conduct towards him during the time he held Mr. Atkins's present

situation had deeply wounded his feelings, yet he was determined

never to retaliate. I have every reason to believe that envy is

the cause of Captn. McArthur's instituting the present inquiry..

This is all at present from, &c,

Thos. Arndell.

[Enclosure No. 7.]

Eichard Atkins to John Palmer.

Dear Sir, Parramatta, 28th August, 1796.*

As Captain McArthur, among other charges, has accused
me with drawing a bill in your favour with intention to defraud
you of the sum of £13 12s. 2d., I have to request that you will
signify to me your opinion on the matter. I assure you that so-
far from it I had at that time in the hands of Messrs. Collett
and Wimburne, the person on whom the bill was drawn, a much-
larger sum than that bill I drew for. j am &c

Eichard Atkins.

* Note 76.

HUNTER TO PORTLAND. 195

[Enclosure No. 8.] i79>.

John Palmer to Eichard Atkins.
Sir, Sydney, 1st September, 1796 *

In answer to the letter I just received from you relative The testimony
to a bill drawn on Messrs. Collett & Wimburne for the sum of °p£™™ssary
£13 12s. 2d. sterling, I do hereby declare that I never entertained
any such idea, that the bill above mentioned has been since paid,
and you must be well convinced that I could not have entertained
an unfavourable opinion of you, having continually supplied you
with money, and whatever else you have required from me, and
have also left directions with my agent to continue such supplies.

I am, &c,

Jno. Palmer.

Governor Hunter to The Duke of Portland.

(Despatch No. 35, per transport Barwell, via China; acknowledged
by the Duke of Portland, 5th November, 1799.)

Sydney, New South Wales,
My Lord Duke, 20th August, 1798. 20 Aug.

Your Grace will receive herewith a letter addressed to me Surgeon f
from Mr. Balmain, the principal surgeon to the colony, in which duties.1" '
he states the considerable addition to his duty in having such
seamen belonging to his Majesty's ships as require to be landed
for the recovery of their health placed in the colony hospitals
under his immediate care and direction, and requesting that I
will forward his application on this subject to your Grace — it is
for that purpose enclosed.

I also transmit another letter from Mr. Balmain, covering a
state of the sick, &c, and demands for hospital stores.

In this letter he mentions the deficiency of medical assistance The condition
in the now extended state of the colony. On this subject I have establishment,
to observe, my Lord, that the duties of that department at the
Hawkesbury, where are not less than 1,000 inhabitants and up-
wards, have been constantly attended by an ignorant convict, and
that the assistant surgeon stationed at Parramatta has frequently
been sent for on occasion of accident, twenty miles or further,
and obliged sometimes to walk that distance in the night. Should
your Grace admit the expediency of Mr. Balmain's proposition
relative to- the appointment of an apothecary to the hospital, I
know of no person more fit or capable than Mr. Thomas Arndell.
whom he mentions; he is particularly qualified for it, having been
regularly brought up in the medical profession, and has been
resident here from the first establishment of the colony.

* Note 76.

HISTORICAL RECORDS OF AUSTRALIA.

1798. I trust, my Lord, that a supply of hospital stores will be ordered

>o Aug. ag soon ag C011venient. j nave ^c

Jno. Hunter.

P.S. — I enclose for your Grace's information an account of our
live stock, and also of ground at present cropt with wheat, to-
gether with what is prepaird for planting with maize.

[Enclosure No. 1.]
Surgeon Balmain to Governor Hunter.

Sir, Sydney, New South Wales, 31st July, 1798.

iuties In a conversation with your Excellency some day ago I

rgeon took occasion to observe that, in addition to the duty which I
have to perform as chief surgeon to this settlement, I have also to
receive and take care of the sick which are occasionally sent to
the hospital from his Majesty's ships and others, and that for the
uncertain allowance of thirteen shillings and sixpence for every
cure performed on his Majesty's seamen only. I say uncertain,
because the trouble and expence of employing an agent in Eng-
land to pass accounts and recover so small a sum from the Sick
and Hurt Board is discouraging and disadvantageous, and I
presume your Excellency will readily allow is a very inadequate
compensation for the charge and trouble which a faithful atten-
tion to such duty requires.

I beg leave to assure your Excellency that I have not the
smallest desire to make any difficulty or to complain of hardship
in performing this task; but as it is customary in all other parts
to give additional pay to such of his Majesty's servants as have
extraordinary duties to perform, I trust it will not be considered
unreasonable in me to hope for the same indulgence.

It would be unbecoming in me to take the liberty of making
any demand for my services; this is for the consideration and
can only be determined by his Majesty's Ministers, and to their
decision I will have the honor of bowing with the most respectfull
submission.

I will not trespass longer on your Excellency's time than to add
that, if you think the addition of five shillings a day to my
present salary a reasonable expectation, I request you will do me
the favor to recommend it, and that you will be pleased to trans-
mit my application on this subject with your dispatches.

I have, &c.,

W. Balmain.

HUNTER TO PORTLAND. 197

[Enclosure No. 2.] 1798

Surgeon Balmain to Governor Hunter.

Sir, Sydney, New South Wales, 1st August, 1798.

Enclosed is a state of the sick continued from the 31st of
July, 1797, to the 31st of July last, together with a copy of the
last demand of medicines and necessaries for the use of the
hospital under my direction, and also a fresh demand for various
other articles which are much in use and almost quite expended.

It will scarcely be necessary for me to request that you will be
pleased to represent the propriety of a punctual attention to these
demands, as you must be perfectly aware of the inconveniences
which must arise from the want of all or any of them.

It is also my duty to state to your Excellency that the extent The condition
of our detachments requires a greater number of assistant sur- °*a*£e medlcal
geons, and that for the want of them much inconvenience is felt
by the inhabitants.

I have on a former occasion represented to you that an un-
skilled convict performs the medical duty at the Hawkesbury, a
numerous and extensive settlement. One assistant surgeon is
stationed at Norfolk Island, and no person with him capable of
taking his charge, in case of accident or ill-health. Another of
the gentlemen is placed at Parramatta, a populous place, where
constant watchfulness and attention is required, and myself with
two others perform the duty at head-quarters.

From this statement I hope it will be evident that the number
of medical men is by far too small, and that in addition to the
assistant promised in the room of the late Mr. Irwin* another
assistant surgeon, together with an apothecary for the hospitals,
are indispensibly necessary.

If what I have taken the liberty to observe on this subject be
approved of, an assistant surgeon may be spared from head-
quarters, as the apothecary will fully supply his place, and have
also sufficient time to perform his own particular duty. By this
arrangement there will be five assistant surgeons on detachment,
which I think will in the present state of the colony be sufficient.

Men of abilities should be selected for the most obvious reasons,
and here I beg leave to recommend Mr. Thos. Arndell to the
appointment of apothecary; he is in every respect well qualified
for the office, and as he enjoys a pension of £50 pr. annum for his
past services as assistant surgeon, would be well satisfied to do the
duty by having his pay made up to that of an apothecary.

With submission to your Excellency's judgement and opinion,

I have, &c,

W. Balmain.

* Note 77.

HISTORICAL EECOEDS OF AUSTRALIA.

1798.
20 Aug.

[Sub-enclosure No. 1.]

General State of the Sick, Hurt, &c, in N. S. Wales, from the

31st July, 1797, to the 31st July, 1798 :—

Civil and
Free People.

1
'EL

m

O

E

Convicts in

Hospital and

Quarters.

Births.

Deaths.

Civil and

Civil

and

Free

People.

Convicts in

Sick and

•S

Free

Con

ricts

•s

Hospitals and

Hurt.

a.

People.

£*

Quarters.

a

o

d'

j

CD

^ +j

c

CD

e

(S

s

o

2
IS
o

CO

c

o

2
IS

Q

co

CD

c3

S

CD

s

1

c

CD

s

o

E

*8

25

c

CD

5

2

1797.

August ....

2

3

5

73

22

3

7

7

1

September

•i

4

3

76

14

8

10

4

..1 ..

4

5

October . .

i

4

2

65

17

2

4

6

4

2

November

4

1

2

2

53

18

7

7

3

1

2

2

December

4

1

2

3

60

17

8

1

3

1

9

1

1

1798.

January . .

2

2

2

50

12

10

7

6

.. ..

1

1

February .

2

2

3

59

15

9

6

2

.. ..

i

3

March

2

i

1

2

46

16

8

3

8

3

2

1

9

115

18

6

3

fl

7

3

May . .

2

115

16

6

9

2

,

1

4

2

June

1

2

1

1

75

15

4

2

5

i ..

1

1

1

July . .

2

1

i

5

73

11

5

4

3

ft

W. Balmain, Principal Surgeon.

[Sub-enclosure No. 2.]
[A copy of the requisition for hospital stores has not yet been
found.]

[Enclosure No. 3.]
Account of Live Stock, of Ground now Crop'd with Wheat and
Barley, and what is prepair'd for Maize this season in the
Settlement of New South Wales, together with Increase and
Decrease of Live Stock within the last Six Months, and of
Acres in Cultivation since last year.

Cattle.

Sheep.

Goats.

Grain.

CO
V

CD*

August 23rd,

CO

CD

I" ?

>

s

*4

■a

_.^j

a >

1798.

CO

at £

cd'

.5

ci

e

O

93

"3

s

CD*

"3

oS

s

CD cS

CO ■«

CD O

^ n.

£

CO
2

8

E

o

25

£

h

s

h

CO

<:

^

<!

<

«u

Government..

16

4

140

118

147

269

37

86

44

450

150

Inhabitants . .

Total

Increase

57

73
3

40

118

45

1,312

2,174

750

1,794

2,823

4,209

57£

14

9

1,303

44

15

258

163

1,459

2,443

787

1,880

2,867

4,659

57|

14

9

1,453

15

27

262

517

379

131

1,298

31

3

1

Decrease

28

74

The average produce of wheat, barring accidents or a very bad
season, may be about 75,000 bushels; and of maize, from 26 to
30,000 b. J.H.

HUNTER TO PORTLAND. 199

Governor Hunter to The Duke of Portland. 1798.

20 Aug.

< Despatch No. 36, per transport Harwell, via China; acknowledged
by the Duke of Portland, 5th November, 1799.)

Sydney, New South Wales,

My Lord Duke, 20th August, 1798.

By the last conveyance from Norfolk Island I received a
letter from Captain Townson, of the New South Wales Corps,
the officer in command there for the time being.

Captain Townson expresses himself much hurt at my not Captain ^
having kept up a more frequent intercourse with him, and I can- irregular
not help thinking this mode of conduct unwarrantable, as he ^respondence.
certainly might have waited until he had been apprized of the
cause or better known the grounds of his complaint. By his
letter, I find he has written to your Grace on the particular con-
cerns of the island, and it seems he has put his letter under the
care of some private person here. I am wholly unacquainted with
its contents, nor has Capt. Townson chosen to send it to me, to be
forwarded with my dispatches in the usual channel.

If, my Lord, this mode of correspondence at home, on the con-
cerns with which his Majesty has been pleased to honour me with
the direction of, is suffered to pass without proper notice, I can
scarcely see where it will terminate. I will, however, take the
liberty of assuring your Grace that I can never see with indiffer-
ence the duties of my office thus interfered with.

I have written to Capt. Townson and told him so, and that it
was my intention to mention this impropriety to your Grace. I
am the more particular in noticing it from having, in several
letters, had occasion to remark libertys of the same nature in an
officer of a similar description here, a reply to whose shameful
letter to your Grace you will receive by this conveyance.

I enclose a continuation of the Public Orders I have had
occasion from time to time to issue, and have the honor, &c,

Jno. Hunter.

[Enclosure.]

Government and General Orders.

7 July (1797).

Parole — Edinburgh. Countersign — London.

The Acting Commissary is directed to give Public Notice when he Qrainfor the
will be ready to open the Public Granary for the reception of public stores.
Wheat. And also at what time he will be prepar'd to take a certain Rearing (lt
Quantity of Pork on Account of Government from Settlers and livestock.
others who may have a desire to dispose of such as are unfit for
Propagation.

200

HISTOEICAL EECOEDS OF AUSTRALIA.

1798.
20 Aug.

Orders re
The colonial
schooner.

Rations.

17 July (1797).

Parole — Cudalore. Countersign— Pondicherry.

The Francis Colonial Schooner will Sail in Eight or Ten days for
Norfolk Island.

Parole — Hood.

19th July, 1797,
Howe.

Countersign-

The Commissary will on Saturday, the 22nd instant, begin to issue
weekly, until further orders, half the ration of fresh pork.

Sitting of
civil court.

Parole — Clarence.

22 July (1797).
Countersign — Cumberland.

The Court of Civil Judicature which was to have met on Monday
next, is put off until Wednesday the 2nd of August, in consequence
of the indisposition of one of its Members.

Returns of
live stock.

Parole — Hampton.

Countersign-

24th July, 1791
-Kensington.

A return of live stock in the possession of officers, settlers, and
others in the several districts to be given in as early as possible.
The officers will forward their account to Captain Johnston, and
the constables of the different districts will collect the account of
the stock in possession of the settlers in their neighbourhood, and
forward them to the above officer.

Returns of
agriculture.

25th July, 1797.
Parole — Clapham. Countersign — Hammersmith.

In addition to the Order of yesterday, relative to a return of live
stock, the Governor also desires that he may be informed what
quantity of ground the officers, settlers, and others engaged in
farming may have now sown with wheat or other grain, and what
may be intended for maize the ensuing season.

The above returns to be forwarded to Captain Johnston.

Sitting of
criminal court.

7th August (1797).
Parole — Cocheen. Countersign — Tillicherry.

A Court of Criminal Judicature consisting of the Judge- Advocate,
three Officers of His Majesty's Navy, and three Officers of His
Majesty's New South Wales Corps, will assemble on Wednesday
the 9th Instant at 10 O'clock, in the forenoon, for the trial of such
Prisoners as may be brought before it.

Military.

10th August (1797).
Parole — Integrity. Countersign — Honesty.

The New South Wales Corps, will Parade at 12 oClock on Satur-
day the 12th Instant, and fire three Volleys in Honor of the Prince
of Wales's Birthday.

HUNTER TO PORTLAND. 201

11th August (1797). 1798.

Parole— Honor. Countersign— Truth. 20Aug.

The Court of Civil Judicature which was to have met on Monday Orders re
the 24th July, but was delayed on account of the indisposition ^i1^0!
of one of its members will assemble on Monday the 21st instant.

16th August (1797).
Parole — Punish. Countersign — Robbery.

A Court of Criminal Judicature consisting of the Judge- Advocate. Sitting of
three Officers of His Majesty's Navy, and three Officers of His criminal court.
Majesty's New South Wales Corps, will assemble on Friday the
18th Instant at 10 O'clock of the forenoon, for the trial of such
Prisoners as may be brought before it.

25th August, 1797.
Parole — Folkestone. Countersign — Deal.

A return of the names of the male and female servants employed Return of
by the officers, civil and military, is desired to be immediately for- sin-ants,
warded to Captain Johnston, and the commanding officer of the
troops is requested to direct a non-commissioned officer to collect
the names of those who are employed amongst the military.

28th August, 1797.
Parole — Brighthelmstone. Countersign — Chichester.

The public roads being now nearly completed, and the season Repairing the
for cropping the ground with Indian corn not far distant, the public roads.
Governor is desirous of giving the settlers as much time as possible
to attend to their private concerns ; he does not, therefore, expect
their assistance on the roads any longer, until it may for the
general good be found necessary at some future period. After
the general muster, which will very soon take place, those settlers
who have so readily come forward agreeable to Public Orders and
afforded their assistance will receive the provision, &c, which had
been by the former Order relative to the roads promised them.

29th August, 1797.
Parole — Grant. Countersign — Certificate.

Many of the women whose term of servitude in this colony is Certificates
expired having applied to be allowed to withdraw themselves from tor female
a dependence on the public store, in order that they might be at expnee>-
liberty to employ their time to their own advantage, this public
notice is given to inform all those women whose full time is
expired that it is intended they shall in future receive certificates
from the Commissary similar to those given to the men, and
that the first will be issued on Monday next, the 4th of September,
at the Commissary's office, in Sydney, where those intitled to them
will apply.

30th August, 1797.
Parole — General. Countersign — Muster.

A general muster of all the inhabitants of the colony is intended General
to take place at Sydney, Parramatta, and the Hawkesbury, and muster.
to commence at each of those places on Wednesday, the 16th of
September, on which day all the laboring men, whether free or
otherwise, are to appear and answer to their names ; on the following

202

HISTORICAL RECORDS OF AUSTRALIA.

20 Aug.
•Orders re

day (Thursday) all the settlers will be called; and on Friday
the women will be mustered. It is expected that every person shall
strictly attend at the store of the district in which they reside;
any failure on their part will be considered as a determined dis-
obedience of Public Orders. The person so offending will be im-
mediately secured, and ordered to hard labor for six months, or
longer, according to the degree and manner of their offence.

The surgeon will account for the sick who may be unable to
attend.

Quarterly

meetings of
settlers.

Encouragement
to settlers.

18th September, 1797.
Parole — Cork. Countersign — Waterford.

In consequence of complaints from the settlers in different parts of
the colony relative to the great expence they are at in giving very
high wages to hired servants, the Governor, by an Order issued on
the 14th of January last, directed that the settlers in the different
districts should hold quarterly meetings amongst themselves for
the purpose of establishing the rate of wages for all the different
kinds of labour. This Order has been attended to in one instance
only, no meetings having been held for this necessary purpose
since the first, when each district reported their opinion, and the
Governor published on the 10th of March a table of the rates to
be paid by the settlers to their laborers. But as the same cause of
complaint still exists, it is clear that the settlers have not strictly
complied with that useful regulation. His Excellency therefore
informs all those who are engaged in farming that it will be im-
possible for him to remove the grievances of which they complain
unless they are strictly attentive to the regulations which are from
time to time established for their good, and that he expects the
meetings, which he had recommended, be more particularly attended
to hereafter, and their purpose be more strictly adher'd to. This
becomes the more necessary as the price of grain cannot continue
much longer to be so very high as it at present is.

Every general muster which takes place convinces the Governor
more and more of the necessity of those musters being frequently
repeated to prevent the impositions which are so often practis'd
upon Government ; and altho' he is at all times well disposed to
encourage the industrious farmer, he nevertheless finds it necessary
to inform the settlers generally that, as they all know the terms
upon which they have been allowed to settle, he is surprised to find
so many complain of their want of ability to provide for them-
selves and familys, after having been victualled and cloathed at
the expence of Government for eighteen months, which is six
months longer than was at first intended. He trusts that the
justice and necessity of depriving them at the expiration of that
time of those indulgences will show them the necessity of being
prepar'd, and serve as a spur to sobriety and industry, which if
they attend strictly to they cannot fail to prosper and be happy.

Sitting of
criminal court.

3rd October (1797).
Parole — Upnor. Countersign — Illingham.

A Court of Criminal Judicature consisting of the Judge-Advocate,
three Officers Of His Majesty's Navy, and three Officers of His
Majesty's New South Wales Corps, will assemble on Monday the
9th Instant, at 10 O'Clock in the forenoon, for the trial of such
Prisoners, as may be brought before it.

HUNTER TO PORTLAND. 203

7th October, 1797. 1798

Parole — Solebay. Countersign — Yarmouth. 20 Aug-

The Commissary is directed to issue, on Saturday next, to such Orders re
of the women and children as are intitled, such slop cloathing ^"hing!
as the present state of the public store can afford ; and such
men as have fully completed their term of servitude in this country Certificates
are hereby informed that certificates will be granted them at the to expirees.
Commissary's office, in Sydney, on Friday next, the 13th instant.

9th October, 1797.

Parole — Justice. Countersign — Truth.

The many boats which have been permitted to be built for the Building and
convenience and accommodation of various descriptions of people registration
within this settlement having frequently been employed in carry- ° °a s'
ing on a traffic which has been repeatedly forbidden in Public
Orders, as well as having been but too frequently laid up in situa-
tions from which they cou'd with ease be removed undiscovered,
many idle, worthless, and ignorant persons have been encouraged
by this carelessness and want of attention to the security of their
boats to meditate an escape from the colony, and from an intire
ignorance of the dangers to which they expose their lives in such
miserable vessels they have ventured to sea, from which it is more
than probable they will never return to any shore whatever. Tne
Governor, as well from motives of humanity and a concern for the
life of a fellow-creature, as from a duty he owes to the public
concerns of this colony, considers it proper, in order to prevent any
unnecessary applications, strictly to forbid hereafter the building of
any boats whatever for the use of private persons, and to inform
those who are now in possession of such boats as are capable of
passing between this harbor and the Hawkesbury River, as well as
smaller boats which may be employed within the harbor, that as it
is his Excellency's intention to direct some trusty persons con-
stantly to inspect the manner in which boats are laid up on shore,
or are secured afloat, if any are found with oars, masts, sails, or
rudder in them, when laid up for the night, or these materials not
properly secured in the dwelling of the owner, he will direct that
such boat be immediately scuttled and sunk, or laid on shore and
burnt. And if any boats are found without a number on their
stern, or are not registered in the list kept by the Provost-Marshal,
she shall be destroyed. No person whatever, except the officers,
civil and military, shall be at liberty to send boats to the Hawkes-
bury or to Botany Bay without a pass from the Governor or officer
commanding the military, or from Captain George Johnston or
officiating magistrates. The persons applying are to give an account
of their business, and to deliver a list of their boat's crew, before
they obtain such permission.

They are also (if going to the Hawkesbury) to show their pass
to the commanding officer there, who will be directed to seize
them if without. The centinels on the wharfs and other places
where boats pass will be directed to call all boats which may
attempt to move in the night to their post, and to produce their
authority for moving such boat. All persons are hereby informed
that unless they strictly comply with these Orders they will be
liable to be fired at, as well by the centinels as by his Majesty's

204

HISTORICAL RECORDS OF AUSTRALIA.

1798.
20 Aug.

Orders re

Forgery.

ships and vessels, who have each of them similar instructions.
Those persons who have heen at some expence in providing boats
for their own benefit and accommodation are hereby informed that
if they do not pay proper attention to this Order their boats will be
ordered to be laid up on shore, and never after permitted to be
launch'd again.

14th October, 1797.

Parole — Traced. Countersign — Dangerous.

The different forgerys which have lately been committed within
this colony, and the means which have been used to prevent any
discovery of the principal persons concerned in so dangerous and
inequitous a practice, renders it necessary that some public notice
be taken of so heinous an offence against the laws of this and of
every other country, and as the person last convicted of this
dangerous crime, and who received sentence of death for the same,
appears to be ignorant of the danger to which he was exposing his
life, by an attempt to utter or pass such forgery: The Governor
has judged it proper to give out this paper as a caution to those
who for want of a sufficient knowledge of the criminality of this
dangerous practice are too frequently made the tools or instruments
of those who are more deeply skilled in such villainous trans-
actions. Those who can neither write nor read, it has been observ'd,
are frequently chosen as the fittest persons to be employ'd on such
infamous purposes as the uttering or passing those forgerys, and
the principals have contrived to remain undiscovered. If there
are any in the colony who are really so very ignorant, they are
hereby cautioned to be careful how they suffer themselves to be
led astray by those who, more experienced in every infamous
transaction, feel little concern for the danger to which they expose
those who suffer themselves to be govern'd by such council ; or if
there are any who are either so abandon'd or so thoughtless and
incautious as not to be aware of the deep designs of their more
wicked and more knowing companions, they are hereby informed
that the person who shall be convicted of uttering or passing any
bill or paper, knowing it to be a forgery, with design to defraud
any other person, will be as liable to receive sentence of death as
the person who may have forged it. The Governor earnestly hopes
that this paper, which is chiefly intended as a caution to those who
may be unacquainted with the enormity and dangerous conse-
quences of such a crime, may have the effect it is designed to pro-
duce ; and it is meant farther to assure them that altho' pardon
has been upon more occasions than the present extended to
criminals of this description, they must not deceive themselves with
an expectation that such mercy in such cases will continue to be
shewn — no, the law shall take its course, and justice be satisfied.

Sitting of
criminal court.

16th October (1797).
Parole — Just. Countersign — Honorable.

A Court of Criminal Judicature consisting of the Judge-Advocate,
three Officers of His Majesty's Navy, and three Officers of His
Majesty's New South Wales Corps, will assemble on Wednesday
the 18th Instant, at 10 O'clock in the forenoon, for the trial of
such Prisoners as may be brought before it.

HUNTER TO PORTLAND. 205

21st October (1797). 1798.

Parole — Viscount. Countersign — Marquis. 2Q Aug-

A Couet of Criminal Judicature consisting of the Judge-Advocate, Orders re
three Officers of His Majesty's Navy, and three Officers of His crimhfal court.
Majesty's New South Wales Corps, will assemble on Tuesday the
24th Instant, at 10 O'Clock, in the forenoon, for the trial of such
Prisoners as may be brought before it.

28th October, 1797.

Parole — Avoid. Countersign — Infamy.

The last Court of Criminal Judicature which was assembled having Perjury.
upon the most clear and full evidence found Luke Normington, John
Colley, and William Osborne guilty of that shocking and most
heinous of crimes wilful and corrupt perjury, they will this day
suffer a part of the sentence* which the law directs to be inflicted
upon criminals of so dangerous a description.

The Governor has thought proper to mention this circumstance
in this public manner in order that it may serve as a caution to
those who may, either from real or pretended ignorance, be led or
advised to the commission of a crime so certainly ruinous to both
their temporal and eternal welfare. The Governor thinks it also
necessary to say that, as he has had frequent occasion to think, this
horrid practice has been but too frequently resorted to in this
colony for the worst of all purposes — that of screening guilty per-
sons from those punishments which our excellent laws direct to be
inflicted on offenders. He is determined, wherever there is an
appearance of any evidence having so far lost all concern for the
danger to which he exposes both his soul and body as to attempt
to mislead the judgement of a Court by having recourse to false
evidence, he will exert every just means of bringing him to
punishment.

His Excellency trusts that, as every man convicted of this
dangerous breach of the law is thereby rendered infamous as long
as he lives, that no man who has a character to lose will associate
with such criminals least he endangers his own reputation, and be
considered as a voluntary approver and partaker in the infamy.

1st November (1797).
Parole — Peaceable. Countersign — Orderly.

A Court of Criminal Judicature, consisting of the Judge-Advocate, Sitting of
three Officers of His Majesty's Navy, and three Officers of His criminal court.
Majesty's New South Wales Corps, will assemble on Friday, the
3rd Instant at 10 O'Clock, in the forenoon, for the trial of such
Prisoners, as may be brought before it.

2nd November, 1797.
Parole — Promises. Countersign — Perform.

The great quantity of wheat which has long been issued, not only Rations,
as bread, but as a substitute for some other articles, together with
the disappointment experienced by the public granary in the not

* Note 78.

206

HISTOKICAL EECOEDS OF AUSTRALIA.

1798.
20 Aug.

Orders

receiving those quantities which had been reported to be ready for
delivery when called for, has rendered it necessary to reduce the
weekly ration of that article to nine pounds p'r man, whether free
or convict, and proportionably to women and children.

The Governor, desirous of being perfectly understood, thinks it
proper upon this occasion to say that those who may have thought
it right, from whatever motive in this instance, to disappoint
Government, he hopes will in future have no occasion in any way
to solicite its aid for their own accommodation.

6th November, 1797.
Parole — Diligence. Countersign — Recommends.

Desertion. The Governor hopes that what he has had occasion to say this day

to those ignorant and infatuated people who were detected* in an
attempt to escape from the colony may have its effect upon others,
and prevent schemes which, taken in any point of view, are ever
pregnant with infinite danger.

Ignorant of the danger to which their lives are exposed upon
the ocean in a miserable boat, ignorant of the risk which attends
them if taken in the attempt, and ignorant of the deep and wicked
designs of those who pretend to a greater share of wisdom, a few
simple and ill-informed people have been led into those ill-concerted
plans, in which it will but too often be found that the sacrifice of
those few who are thought of less consequence to the general plan,
or are less capable of rendering themselves useful when embarked,
is a part of the main design. If near the land, they are forced on
shore amongst a savage people, when death is inevitable; or, if at
sea, thrown overboard to lighten their miserable vessel, and pre-
vent, if possible, her foundering. Let those who are invited to
such mad and inconsiderate undertakings reflect upon these things,
and they will easily discover the risk attending such wicked and
ill-judged enterprises.

Election of
constables.

11th November, 1797.

Parole — Leadenhall. Countersign — Bishopsgate.

The time for the election of constables to serve for the ensuing
year being arrived, the Governor desires that the inhabitants of
the different town and country districts do meet immediately and
proceed to the choice of those men whom they are desirous shou'd
take upon them that office in their respective districts for the next
twelve months, and make their return of the names so chosen to
the magistrates by Wednesday, ye loth instant.

The

preservation
of grain.

Parole — Reaping.
The harvest being now 1

24th November, 1797.
Countersign — Wheat,
its commencement throughout the

different districts of the colony, the Governor judges it necessary
to remind those who are particularly engaged in it of the accidents
which befel many last year from the very careless manner in
which they attended to the security of their wheat-stacks from

* Note 79.

HUNTER TO PORTLAND. 207

fire. He therefore recommends to their particular attention in 179S

the present season to be cautious by enclosing their stacks with a 20 Aug.
paling or wattle hedge, or any means which may stop the progress 0rdenT^T
of fire, and to hoe up and clean rake the ground and dig a small
ditch at some distance round their grain and dwellings.

These precautions, which will not be attended with much labor,
may serve to prevent those losses by which so many suffered
severely last year. His Excellency considers it also necessary to
inform the settlers in general, as well as all others concerned in
farming, that some of those villains who are, and have been a Vagrants,
pest to the industrious ever since their arrival in the colony,
have again absconded from their works, and have betaken them-
selves to an idle and mischievous life amongst the natives ; it
therefore becomes necessary that they be narrowly watched, and
secured as early as possible. For this purpose, all constables,
watchmen, and others are hereby strictly enjoyned to use every
possible diligence in detecting them, and if by any means they can
convey information to them, and to the natives with whom they
may associate, that wherever they are found, if they cannot be
immediately secured, they will be fired at as the only means left
of preventing the mischiefs and robberys they commit ; and the
natives will, in consequence of the encouragement they afford
them, be liable also to be fired at if white men are seen amongst
them. This caution to the natives may be conveyed to them by
such of their countrymen as live amongst us, and may prevent
their suffering those vagabonds from continuing amongst them,
to the danger of the loss of life to many inoffensive people.

2nd December, 1797.

Parole — Preserve. Countersign — Stock.

The great number of useless dogs which the people in and about Public
the town of Sydney have thought proper to rear have now become nuisances,
a public nuisance, and as the many complaints which have been
made to the Governor of the mischiefs they are daily committing
renders it necessary that some notice be taken of them, the
inhabitants are hereby informed that they are not to rear more
of those animals than may be necessary for the protection of their
dwellings and gardens, and that they are to be careful to keep
them at home for that purpose, as they will be liable to pay for
all the injury they commit upon the live stock of others, which
it has been observed they have of late destroyed considerable
quantitys of, particularly poultry and goats. If they are at any
time seen pursuing stock of any kind, except when it may be
necessary to hunt them out of gardens or other enclosures, those
who may discover them are hereby enjoyned to shoot or otherwise
destroy them ; and, if possible, to discover their owner, in order
that the sufferer may, by the decision of a magistrate, recover
damages.

7th December, 1797.

Parole — New. Countersign — Crops.

The Commissary is directed to Issue on next Saturday, the Ration Rations.
of Wheat agreable to the proportion serv'd before the late reduction.

208

HISTORICAL RECORDS OF AUSTRALIA.

1798.
20 Aug.

Orders re
Rations.

13th December, 1797.

Parole — Tinemouth. Countersign — Exmouth.

The Commissary is directed to issue 6 lb. of maize to the convicts
in addition to their ration of wheat.

22nd December, 1797.
Parole — Watchman. Countersign — Constable.

incendiarism Whereas an attack was made on Wednesday night last on the
and its effects, house of John Mitcham, a settler, in the district of Concord, by
three men, two of whom it has appeared had their faces black'd
to prevent discovery, and after beating the man they set lire to
his house and to the whole produce of his last year's labor — one
stack of wheat which he has just secured.

This is an offence of so serious a nature to the colony at large
that the Governor has thought proper to call upon every man
who values the safety of his house and security of his property
to use their utmost vigilence in discovering the above offenders,
that the law may have an opportunity of shewing its ability to
defend the property of every inhabitant of the colony by the
punishment of those who* dare to attack it. His Excellency also
judges it necessary to observe that the whole inhabitants of the
settlement cannot fail to see the danger of suffering mischiefs of
this kind to pass unpunished, as the most ignorant must know
that every reduction of the quantity of wheat must be attended
with a reduction of the ration, which cannot fail to be felt by the
whole of the people, whether on or off the public store.

Any person who shall come forward and lead to such discovery
of the above offenders as may serve to convict them before a Court
of Criminal Judicature, if a convict, shall receive a conditional
emancipation, that is, to be made free in this country and have
permission to become a settler.

Sitting of
criminal court.

Parole — Speak.

27th December (1797)
Countersign — Truth.

A Court of Criminal Judicature, consisting of the Judge- Advocate,
three Officers of His Majesty's Navy, and three Officers of His
Majesty's New South Wales Corps, will assemble on Saturday the
30tii Instant at 10 O'clock, in the forenoon, for the trial of such
Prisoners as may be brought before it.

Returns of
live stock and
agriculture.

6th January, 1798.
Parole — Loughborough. Countersign — Chancellor.

The whole of the Wheat Crops being by this time taken off the
Ground The Governor desires that the Officers, Settlers, and others
concern'd in farming, will give him a return of what quantity of
Wheat each may now be in possession of from the produce of their
last Harvest, as near as they can Estimate, and also what quantity
of Ground they may at this time have in Maize, together with an
Account of their Live Stock.

The Officers will forward their returns to Captain Johnston, and
the Constables of the different districts are desired to Collect those

HUNTER TO PORTLAND. 209

of the Settlers etc., in their Neighbourhood, and forward them to 1798

the nearest Magistrate, who is requested to send them to the 20 Aug.

Governor as soon as received. The Governor is desirous of having —
these different returns by the 15th Instant, or earlier if possible.

Oth January, 1798.
[A copy of tli is order re desertion has not yet been found.]

10th January, 1708.

Parole — Java. Countersign — Malacca.

Notice is hereby given that certificates will be granted at the Com- Certificates
missary's Office, in Sydney, on Friday, the 26th instant, to such to expirees,
people as appear to have completed their time of servitude in this
country.

16th January (1708).

Parole — Health. Countersign — Happiness.

Thursday the 18th being the day appointed to be observed as the Military.
Birth day of Her Majesty, The New South Wales Corps, will
parade at 12 O'Clock and fire three Volly's in Honor of the same.

10th January, 1708.
Parole — Amiable. Countersign — Virtuous.

The severe sufferings of those infatuated people who carried Prospects of
away a boat belonging to Ramsay, a settler, have been such as MC?JLfn?t
we hope will deter others from making any such attempt here- of absconders.
after. One of the men who did belong to the boat, and was
carried away against his will, having returned to this place in an
extraordinary way and wretched condition, has given us a cir-
cumstantial account of their sufferings. Finding it impossible
to agree amongst themselves (which will ever be the case where
engaged in a bad design), and being in a most melancholy situa-
tion for want of food, one-half the crew, through the principle
of self-preservation, have deceived the other, and have left them
upon a desolate island on some part of this coast, the situation of
which we cannot ascertain, where therefore they must inevitably
perish. It is well known that the whole wou'd gladly have returned
to Sydney, and submitted to any punishment short of death ; but
they had forfeited their lives by the ill-advised step they had taken.
Those who have got possession of the boat belonging to Owen
Cavenagh will, in all human probability, share a similar fate.

The Governor, desirous of opening the eyes of many of the
ignorant people of this colony to their own interest and happiness,
particularly those who have lately arrived in it (for he does not
find any others so wicked, so lost to a sense of their own comforts,
as to be concerned in such mad and extravagant schemes), has
thought proper to state briefly the situation of those ill-fated people,
and also to shew that he is desirous of giving every information
which can contribute to lender them contented with their present

Ser. I. Vol. II— O

210

HISTOEICAL RECORDS OF AUSTRALIA.

1798.
20 Aug.

Orders re

lot, and dispose tlieui to that industry which in this country will
insure them every moderate enjoyment. His Excellency, from
having understood that some or those people lately arrived here
from Ireland, and whose ignorance makes them the sport of more
wicked and designing knaves, have picked up, some how or other,
an idle story of the possibility of travelling from hence to China,
or finding some other colony where they expect every comfort
without the trouble of any labour, has, to convince them of the
folly and absurdity of such opinions, and also as far as possible to
prevent that loss of life which must certainly attend every attempt
to discover this fancied paradise, ordered from among those dis-
contented people four men of their own choice, and on whose
story they can depend, to be supplied with what provision they
can take, and to travel into the country as far as they are
capable.

But to prevent their perishing, which would certainly be their
fate if left to themselves, he has ordered two men, long accustomed
to the woods and intimate with many of the natives, to accompany
them, that in case of their repenting of their attempt they may
be brought back to tell their own story. It may not be improper
to mention that one of these men who now go as a guide, when
living many months amongst the mountain savages, fell in with
many dead bodies of men whom the natives assured him were
white men who had perished there, and we know they were some
of those ignorant people who had left this place in search of some
other, where they idly supposed and believed they would be more
happy.

The Governor judges it necessary now to declare, that after
having taken so much pains and trouble to prevent those ignorant
men from being misled by more wicked and mischievous villains,
and to convince them wherein their real interest and happiness
lays, that if his endeavours prove ineffectual, and any such wild
and madlike plans are hereafter laid or attempted, that whoever
are concerned shall receive such severity of punishment as may
probably prove a stronger argument against such schemes than
any other he can use, and he will find for such people a situation
in which they will not have much time to employ in hatching
mischief.

Mode of
recovering
payment from
Government
servants.

22nd January, 1798.
Parole — Pay. Countersign — Honestly.

Several complaints having been made to the Governor by people
who are in the habit of giving credit to such artificers as are hired
into the service of Government, that they find much difficulty in
recovering payment of those debts contracted by those people, and
as many of them are far less honest than they ought to be, they
frequently contract debts to a much greater extent than the earn-
ings of their labour can discharge.

This Public Notice is therefore given for the prevention of
impositions of this nature, that the Governor has given directions
that such men be paid their wages at the Commissary's office on
the last Saturday of every month. Such persons as have any claim
upon them are at liberty to attend on those days and take such
steps for the recovery of their just debts as the law will furnish.

HUNTER TO PORTLAND. 211

29th January, 1798. 179S

Parole — St. Lawrence. Countersign — Quebec. 20 Aug.

A general inuster of all the inhabitants of the colony is intended Orders re
to take place at Sydney, Parramatta, and the Hawkesbury, and General
to commence at each of those places on Wednesday, the 14th of muster-
February, on which day all the labouring men, whether free or
otherwise, are to appear and answer to their names. On the
following day (Thursday) all the settlers will be called, and on
Friday the women will be mustered. It is expected that every
person do strictly attend at the store of the district in which
they reside. Any failure on their part will be considered as a
disobedience of Public Orders ; the person so offending will be
immediately secured, and ordered to hard labour, in proportion to
the manner and degree of their offence.

The surgeon will answer for such sick as are uncapable to
attend.

9th February, 1798.
Parole — Philadelphia. Countersign — Delaware.

The Governor thinks it necessary to take some notice of an inflammatory
anonimous paper lately picked up of an infamous tendency. As libels.
far as his name is mentioned it merits no attention, but for the
sake of truth and justice he thinks it proper to say that the reward
which he formerly offered for the detection of the authors or
advisers of such false and scandalous publications he now again
offers. This last paper being a libel upon the officers in this colony
generally, it becomes an object of general concern to discover
its author, in order that the law may have an opportunity of
shewing its detestation of crimes of so dark and diabolical a
complexion.

16th Feby., 1798.
Parole — Law. Countersign — Equity.

A Court of Civil Judicature will be assembled on Monday the sitting of
5th of March next at 10 O'clock in the forenoon, of which all civil court,
persons having business to do before the said Court are desired to
take notice.

19th February, 1798.
Parole — Canning. Countersign — King.

There being no more sugar in store, the Commissary is directed Rations.
to issue a pound and half of wheat in lieu.

24th February, 1798.
Parole — Stewart. Countersign — Galloway.

The Commissary is directed to issue, on Saturday next, the 3rd issue of
of March, the following slop cloathing to such men as are in the slop clothing.
service of the Government or intitled to them from some other
circumstance : — 1 jacket, 1 shirt, 2£ yards of duck, 1 pair of shoes.
i lb. of thread, and £ cake of soap. As after this issue the store
will be destitute of every article of cloathing, it is hoped and
expected that those who receive them will endeavour to make
them last as long as possible.

212

HISTOKICAL RECORDS OF AUSTRALIA.

1798.
20 Aug-.

Orders re
Sitting of
criminal court.

28th March (179S).

Parole — Punish. Countersign — Robbery.

A Couet of Criminal Judicature consisting of the Judge-Advocate,
three Officers of His Majesty's Navy and three Officers of His
Majesty's New South Wales Corps will Assemble on Monday the
2nd of April at 10 O'Clock in the forenoon for the trial of such
Prisoners, as may be brought before it.

Parole — Awful.

8 April (1798),
Countersign — Eternity.

Military. The New South Wales Corps will be under Arms to Morrow (Mon-

day) at 12 O'Clock for the purpose of attending the Execution of
the Prisoners now under Sentence of death, and the Commanding
Officer will direct the Officer in Command at Parramatta, to have
the Party doing duty there, under Arms on Tuesday the 10th
at 12 O'Clock, for the purpose of Attending the Execution of the
Prisoner who is to suffer there.

Issue of
slop clothing.

10th April. 1798.

Parole — Avoid. Countersign — Infamy.

The Commissary is directed to issue, on next Saturday, to the
women the few remaining articles of slops which the store can
afford, and it is recommended that they use every means for
making them last until we can receive a supply from England.

Reduction in
the price of
maize.

12th April, 1798.

Parole — Repentance. Countersign — Contrition.

Notice will be given in a day or two what quantity of maize the
public stores at Parramatta and Sydney will be ready to take in :
but it becomes necessary to inform the settlers and others con-
cern'd in raising this grain that, as the price of wheat, which is
exceedingly high, has been continued this year, in consequence of
certain representations which are made to the Governor, he now
informs them that Government cannot longer continue the high
price of maize also. It is therefore to be understood that four
shillings will be the price of the bushel of maize.

Maintenance
of the price
of maize.

21st April, 1798.
Parole — Patience. Countersign — Contentment.

The Governor having received a petition from the settlers in
general, in which they have represented the great distress they
labor under, as well in the high wages of hired servants to work
their ground as in the immense price they pay for every article
they require upon that service, and requesting that the price of
maize may, on that account, be continued as last year :

The Governor, sensible of their distresses, and desirous of listen-
ing to any reasonable application those distresses may induce
them to make to him ; He has now given directions to the Com-
missary to continue the last year price of maize ; but as it is no

HUNTER TO PORTLAND. 213

less bis duty to reduce the heavy expeiices of this colony to 1798

Government than it is his wish to render the situation of the 20 Aug.

industrious farmer easy and comfortable, they must look forward to. ,

a reduction of the price of grain of every kind before long.

23rd April, 1798.
Parole — Candid. Countersign- — Impartial.

The settlers having at different times complained that the receiv- Encouragement
ing of grain into the public stores when open for that purpose to settlers.
was so completely monopoliz'd that they cou'd have but few
opportunitys of getting the full value for their crops ; that, in
consequence of their being so frequently thrust out and disap-
pointed at the granary, they had, from their poverty and distress,
been often obliged to dispose of their grain for less than half its
value, and that they were thereby constantly involved in debt
and distress :

Repeated Orders have been given on this subject that those who
raise the grain shou'd at all times have the preference in the public
granary ; that those who were known to be poor and industrious,
but distress'd by having large familys, shou'd be particularly
favor'd upon such occasions. Such Orders have but too frequently
been frustrated by circumstances which have not been known to
the Governor. He therefore publishes this to say that he desires
and expects a more constant attention to it in the department of
the Commissary, and that there be no cause given in future for a
repetition of complaints of such real grievances. If there are, he
is resolved to take more serious notice or them.

1st May, 1798.
Parole — Isle Wight. Countersign — Yarmouth.

From the nature of those difficulties of which the settlers upon Encouragement
Norfolk Island having complain'd, difficulties which have not until *? s,^tt1!^s ^
very lately been known to have an existence, the Governor is led 01 ° v s ant •
to suspect that the same rage for traffic and an intemperate indul-
gence in some of those destructive gratifications which have so
effectually ruin'd many of the most forward and promising settlers
in New South Wales has reached Norfolk Island.

His Excellency, from an earnest desire to promote the prosperity
of that island and the true happiness of its inhabitants, has, since
his arrival in this country, avail'd himself of every means or oppor-
tunity of forwarding for their accommodation a share of such
little comforts as accidental ships may have brought hither ; but
he is sorry to observe that instead of those things being felt an
advantage they appear only to operate as a stimulus to more exten-
sive dealings, a circumstance which he can foresee will terminate in
the ruin of many of the settlers for whose welfare he is extremely
anxious. He desires therefore that they will not suffer them
selves to be led away from their real interest by speculative ideas
or a desire of indulging in dangerous amusements, and to squander
away the whole produce of their hard labor in trifles or in scenes
of dissipation, which must eventually end in their complete ruin.
He desires they will persevere with patience in the management
of their farms and the rearing of stock, and assures them that he

214

HISTOEICAL EECOKDS OF AUSTEALIA.

1798.
20 Aug.

Orders re

has taken such steps as he flatters himself will incline the Govern-
ment at home to consider the inconveniences we labor under in
this distant part of the world, and induce them to use such
measures as will procure us before long every European article we
may have occasion for at a very moderate expence, and through
that means put an effectual stop to the impositions under which
the industrious settlers have too long labored.

Military

relief.

9 May (1798).
Parole — Penrhyn. Countersign — Flushing.

His Majesty's Ship Reliance will sail for Norfolk Island on or about
Sunday next the 13th Instant, such Military as the Commanding
Officer may intend for the Island, He will direct may be ready
to Embark on Saturday forenoon.

Civil
appointments.

10th May, 179S.
Parole — Truro. Countersign — Cornwall.

Medical Department. — Mr. D'Arcy Wentworth will embark on
board his Majesty's ship Reliance for Norfolk Island, and relieve
Mr. Thomas Jamison, the assistant surgeon there, who will return
in the Reliance and take the duty here. Mr. Jas. Mileham will
relieve Mr. Jas. Thomson, assistant surgeon at Parramatta, and Mr.
Thomson will take the duty at Sydney.

15th May, 1798.
Parole — Kamschatka. Countersign — Otaheite.

Public labour. The shameful imposition which has been practis'd for some time
past by those sawyers whose labour is the property of the Crown,
and which has been overlooked by those whose duty it is at all
times to put a stop to everything of that nature, renders it neces-
sary to establish some regulation which cannot be misunderstood.

It appears to have been the custom to do the Government work
in the fore part of the day, but if the weather happened to be bad
during that time, altho' fair in the afternoon, no work has been
done for Government, but that time employed for themselves, and
for which they have claimed payment as if they had done so much
beyond their Government task.

From this shameful practice it appears that if the forenoon of
every day in the week shou'd prove bad no work wou'd be done
by the servants of the Crown as their public duty, but all con-
sidered as work perform'd in what is called their own time, and
for which payment is expected. This is so glaring a trick practis'd
at the expence of the public that it is no longer on any account
to be suffered. Whatever the weekly task may be, that, when
the weather will admit, is to be the first work performed, and all
that is done over that may be allowed for. The person who has
the direction of the work will be the judge when it can be done.
It is perfectly clear that if no work can be done for Government
on account of bad weather, none can be done for private persons.

These regulations, if necessary, may be extended to field labour,
shou'd any imposition of this nature have crept in amongst the
public servants lent to officers or settlers upon their farms.

HUNTER TO PORTLAND. 215

20th May, 1798. 1798

Parole — York. Countersign — London. 20 Au£-

The Governor having received instructions* from his Majesty's Orders re
Secretary of State relative to the number of men hitherto granted servant.
to the officers, civil and military, and others upon their farms, he
has now to inform them that two men only are to be considered
as allowed at the expence of the public, and that such as they
may have over that number are to be maintained and clothed at
the expence of their employer ; but as there may be some difficulty
on many of the farms in furnishing the requisite provision for sacb
men as they may wish to employ, as well as in providing cloathing
for them, the Governor proposes that the value of the ration and
cloathing which may be supplied from the public store to such
people be paid by their employers in the produce of the farm,
either grain or fresh pork. The Governor desires a return may be
made to the Commissary of the names of such men as the different
officers and others are desirous of retaining upon their respective
farms.

1st June, 1798.
Parole — Harwich. Countersign — Oxford.

In addition to the Order of the 20th, relative to the number of Return of
Servants whom the officers, etc., may be desirous of retaining in assigned
their service upon the terms therein mentioned, the Governor senan s'
desires to inform that he wishes to have their respective lists sent
to the Commissary's office by the 20th instant.

2 June (1798).
Parole — Motberry. Countersign — Tavistock.

The New South "Wales Corps will parade at 12 O'Clock on Monday Military,
the 4th of June, and fire three Vollies in Honor of His Majesty's
Birth day.

8th June, 1798.
Parole — Love. Countersign — Fowey.

His Majesty has been pleased to appoint Richard Dore, Esq., to Civil

be the D'y Judge-Advocate to this colony, in the room of David appointments.

Collins, Esq., who has resigned.

9th June, 1798.
Parole — Fair. Countersign — Equitable.

Many officers, as well as other persons, having complained to the Suppression

Governor of the distress they suffer from the continual monopolys of monopoly.

Avhich are made by various descriptions of persons in this colony

in the purchasing of such articles as ships arriving here may have

for sale : To prevent, as far as possible, this highly censurable and

unjust proceeding, it is hereby strictly ordered that no boat or

person whatever do attempt to board any ship or vessel arriving

in this port until she shall have been secured in Sydney Cove, and

the master may have been with the Governor and received his

Port Orders; the pilot-boat, or such boat as the Governor may

* Note 80.

216

HISTORICAL RECORDS OF AUSTRALIA.

1798.
20 Aug.

Orders re

send with an officer for his dispatches, excepted. It is hoped and
expected that after this Order no attempt of a nature so extremely
injurious to the comfort of others will be made, every person having
an equal right to purchase what they he in want of.

11th June, 1798.
Parole — Ceylon. Countersign — Colombo.

Suppression A ship* from Bengal having arrived yesterday in the harbor with
of monopoly. an assortment of such articles for sale as the colony in general
may be in want of, the Governor, in order that every inhabitant
may have an opportunity of purchasing whatever their circum-
stances can afford, has given directions that no part of the cargo be
disposed of until he has heard from the settlers in the different dis-
tricts what sums of money they can raise. For this end he desires
that they will give him information on that subject by next Satur-
day, or, if possible, earlier, and that they fix upon some capaole
person to manage their purchase, and into whose hands they can
deposit their money, which it is to be understood must be in, Govern-
ment notes now in their possession, and not upon the strength of
their crops which they can purchase.

Certificates
to expirees.

Weights and
measures.

Civil

appointments.

15th June, 179S.

Parole — Salset. Countersign — Malabar.

On Friday, the 22nd instant, certificates will be granted to such
persons as have completed their term of transportation. Those who
are entitled to them will call at the Commissary's office in Sydney
on the above day.

ISth June, 179S.

Parole — Just.

Countersign — Honest.

There being much reason to suspect that the owners of those
boats which are employ'd by the settlers at the Hawkesbury in
bringing round to Sydney their crops of wheat and maize are in
the habit of practising the most unpardonable impositions upon
those settlers by the use of false measures, the Governor, desirous
of putting an early stop to such species of robbery, desires that the
magistrates of Sydney and Parramatta will issue their orders that
all measures be brought forthwith to the public store at Sydney,
and there to be proved and stamped, and that any measure which
may be used without such stamp or mark be immediately seis'd
and its owner prosecuted.

22nd June, 1798.
Parole — Devonshire. Countersign — Cornwall.

Richard Dore, Esq.,| is appointed Secretary to the Governor.

Countersign-

25th June, 1798.
-Ramsgate.

Pa role — Margate.

Suppression Several misapprehensions having taken place thro' the appoint-
or monopoly, ment of improper persons as agents to superintendants, settlers,
and others : The inhabitants are hereby inform'd that the Governor

Note 81

t Note 82.

HUNTER TO PORTLAND. 217

having been assured by the officers that they will most readily 1798

stand forward in behalf of the whole colony, and purchase from 20 Aug.
ships calling here whatever goods or comforts they may have for — —

sale, and that every person having money to purchase may claim ' eib?
their proportion of such purchase without the assistance of any
other agent, which will be the means of their receiving the articles
at a much lower rate : This being the case, every person is desired
to keep the possession of their own money until they are apprised
by public notice that a cargo has been bought, the officers having
undertaken the trouble of officiating as agents for the general
benefit of the whole colony.

2nd July, 1798.

Parole — Catwater. Countersign — Hamoaze.

A general muster of all the inhabitants of the colony is intended General
to take place at Sydney, Parramatta, and the Hawkesbury, and is muster.
to commence at each of those places on Monday, the lGfh instant,
on which day all the laboring men, whether free or otherwise, are
to appear and answer to their names ; on Tuesday all the settlers
will be called, and on Wednesday the women will be muster'd. It
is hereby order'd that every person do attend strictly at the store
of the district in which they reside. If any shall disobey this
Public Order they will be immediately apprehended for such dis-
obedience, and treated as the nature of their crimes may upon
enquiry be found to deserve.

The surgeon will answer for such of the sick as are unable to
appear.

5th July, 1798.
Parole — Penzance. Countersign — Cornwall.

The land carriage between Sydney and Parramatta having by the Repairing
late heavy rains been render'd almost impassable, the officers and rSadPsUbll°
others who have at present any of the public servants in their
service are desir'd to send each one man on Monday next for the
purpose of repairing the road above mentioned wherever it may
be requisite. The whole to be under the direction of Mr. Divine.
Those laboring at Parramatta will begin the repairs from thence,
and be under the direction of a diligent overseer, and they will
meet those from Sydney who begin their repairs from thence.

9th July, 1798.
Parole — Cork. Countersign — Ireland.

Several complaints having been made to the Governor that the Seamen
seamen belonging to some of the merchant ships in this harbor belonging to

ships in t* ~
harbour.

have upon various occasions insulted the sentinels upon their post, fhips "

and that they make it a practice at all hours, in direct opposition
to the Port Orders, to pass to and from their ships whenever they
please : It is his Excellency's positive orders that the commanders
of the different ships do command and inform their men that they
are not to be out of their respective ships after dark; that if they
are found on shore at an improper hour they will be liable to be
taken np and confin'd, and that if they are noisy, riotous, or insolent
they will receive such punishment as their crime may deserve.

'218

HISTORICAL RECORDS OF AUSTRALIA.

1798.
20 Aug.

Orders re
Hours of
labour.

Sitting of
criminal court.

Returns of
live stock and
agriculture.

Military.

19th July, 1798.
Parole — Britannia. Countersign — England.

The officers and others who are desirous of retaining in their
service at their own expence a certain number of labouring people
have represented to the Governor that by the present mode of per-
forming, which is called taskwork, the labor perform'd is not near
equal to the expence of maintaining the labour. It is therefore
ordered that the working people do return to the original working-
hours as regulated in October, 1795, viz. : — From daylight until 8
o'clock, work; from 8 until 9, rest; from 9 until |-past 11, work;
from that time until 1, rest ; from thence until sunset, work. This
regulation will continue until it shall appear that by the estab-
lishment of what may be considered as fair and proper task it be
no longer necessary.

20 July, 1798.
Parole — Toongabbe. Countersign — Hawkesbury.

A Court of Criminal Judicature consisting of the Judge-Advocate,
two Officers of His Majesty's Navy and four Officers of His
Majesty's New South Wales Corps, will Assemble on Thursday the
26th Instant, for the trial of such Prisoners as may be brought
before it.

21st July, 1798.
Parole — Duke. Countersign — Marquis.

The Governor desires to have a return of the live stock in the
possession of officers, settlers, and others, and also an account of
lands cropp'd with wheat and what may be intended for maize this
season. The officers will forward their returns to Captain John-
ston by the 1st of August, and the constables of the different
districts will collect the accounts from the settlers in their respec-
tive districts, and forward them by the above time to the nearest
magistrate, who is requested to send them to the Governor as soon
as received.

28 July, 1798.
Parole — Amendment. Countersign — Repentance.

The New South Wales Corps will be under Arms on Tuesday 31st
at 12 oClock for the purpose of attending the Execution of the
prisoner now under Sentence of death.

All contracts
to be in writing.

1st August, 1798.
Pa role — Uniformity. Countersign — Regularity.

The great inconvenience which is experienced by the civil magis-
trates every time they meet for the investigation of complaints
and other matters cognizable by them, from the loose and careless
manner in which every kind of business between the inhabitants
of this colony is transacted, induces the Governor to recommend
it to all descriptions of persons that when any bargain, contract
or agreement is made between any party or parties, on any subject
matter, or thing whatsoever, the same be made in writing, specify-
ing in direct and absolute terms the nature of such bargain,

HUNTER TO PORTLAND. 219

contract, or agreement, witnessed and subscrib'd by the parties ^gg.

interested therein ; a measure which must be obvious to every one 20 Aug.
is calculated to prevent disputes, law suits, errors, and misunder- 0rder^~
standings.

2 August, 1798.
Parole — Truth. Countersign — Candour.

A Court of Civil Judicature will be assembled on Monday the 13th Sitting of
day of this Instant Month of August at 10 oClock of the Forenoon civil court.
Sydney, of which all Persons having business to do before the said
Court, are desired to take notice.

6th August, 1798.
Parole — Fair. Countersign — Honorable.

Complaint having very recently been made to the Governor that Weights and
there is much reason to suspect that many of those persons who measures-
have taken up the business of retailing various articles to the
laboring people of the colony use false or improper weights and
measures, to the great injury of the purchaser, the Governor
thinks it necessary, therefore, to recommend to the civil magis-
trates that they direct the constables to give public information
to such retail dealers that if after the 15th day of this month they
are found to use any weights or measures but such as have been
proved to be just, and stamped at the Government store, they will
be liable to such punishment as the law prescribes in such cases.

The Governor also recommends to the magistrates that as the Licenses for
time of granting new licences to such persons as were allowed to the sa*e of
retail liquors for the accommodation of the working people has sPmts-
been some time pass'd, that they proceed as early as they con-
veniently can to the renewal of such licences, that none may
believe that such licences are unnecessary; but as it has been
found that the number formerly granted was by far too many, and
nearly become a public nuisance, his Excellency recommends that
they allow only the following numbers, and those, he trusts, will
be chosen from amongst the very best characters : Sydney, eight ;
Parramatta, four; Hawkesbury, three.

12 August, 1798.
Parole — Prince. Countersign — Wales

To morrow being intended to be observ'd as the Anniversary of Military,
the Birth day of His Royal Highness the Prince of Wales The
New South Wales Corps will Parade at 12 oClock, and fire three
vollies in honor of the same.

15th August, 1798.
Parole — Sheerness. Countersign — Chatham.

The officers are hereby inform'd that the regulation ordered by Assigned
Government to be established relative to the laboring servants servants,
employed by them took place on the 1st of this month. If,
therefore, the gentlemen are desirous of discharging any of those
they have hitherto employ'd, they will now return them and send
a list of the names of those so discharged to Captain Johnston.

220

HISTORICAL RECORDS OF AUSTRALIA.

3 Sept.

The Francis,
schooner, sent
to the wreck
of the Sydney
Cove.

Explorations
by Surgeon
Bass.

Governor Hunter to Secretary Nepean.
(Per transport Barwell, via China.)

Sir, Sydney, New South Wales, 3rd Sept., 1798.

From the unfortunate loss of a ship nam'd the Sydney
Cove,* from Bengal, upon a voyage of speculation to this port, I
had occasion to send our small Colonial schooner and a deck
longboat to the southward as far as latitude 40° 36' S. to take off
the surviving crew, and to save such property as the above boats
might be capable of taking on board from the island on which the
ship had been wreck'd.

I beg their Lordships may be inform'd that the schooner
return'd in safety with the master of the wreck'd ship and a few
lascars, but a heavy gale of wind having set in on the day of
their leaving the island, the longboat, which was commanded and
navigated by Mr. Armstrong, the master of the Supply, founder'd
with all her crew and seven or eight lascars on board, together
with such articles as had been put on board from the wreck.

The schooner being only forty-two tons burthen, it became
necessary to send her again to the wreck. I took that opportunity
of ordering Mr. Flinders, the 2d lieutenant of the Reliance, with
her, for the purpose of making what observations he cou'd
amongst those islands relative to anchorage, &c.

Previous to the last trip of the schooner, Mr. Bass, the surgeon
of the Reliance, a young man of much ability in various ways
out of the line of his profession, solicited, during the repairing
of the Reliance, that he might be allow'd a boat, and have her
man'd from the King's ships. He was desirous of tracing the
coast along in the boat, and to make what observations he might
be able relative to harbours or anchorage. I fitted out a good
whaleboat for him, victual'd her, and man'd to his wish. He
went southward along the coast, and on finding, when he had got
the length of Cape Howe, that the shore inclin'd westward, he
continued to trace it along untill he came to a steep and high
promontary in latitude 39° 00' S. From this cape the land lay
along W.N.W. ; he continued to steer in that direction for about
sixty miles beyond this headland, where he found an extensive
harbour, but his provisions becoming short, and being at a very
considerable distance from Port Jackson, together with his boat
becoming leaky, he resolv'd upon returning. He had at one time
stretched off from the above headland to the S.W., untill he was
in latitude 40° 00' S., but the wind shifting to the westward and
blowing strong, he was oblig'd to run for the land again, which he
with difficulty reach'd. The sea rose to so mountainous a height
that he had every reason to believe he was not covered by any

* Note 83

HUNTER TO PORTLAND. 221

land to the westward. This circumstance corroborates an opinion 1T98

which I ventur'd to give from some observations of my own — that 3 SePl-
there was a probability of an open strait, thro' between the
latitudes of 39° 00' S. and 42° 00' S*

To shew how far the conjecture I made may have been just, I The suspected
directed Mr. Flinders to take into one chart the observations of Bass' straits.
Mr. Bass and his own; and I send a copy to be laid before
their Lordships.? From this little sketch it will appear that the
high land in latitude 39° 00' S., which Mr. Bass went round, is
the southern extremity of this country, and that the land call'd
Van Dieman's is a group of islands laying to the southward of
that extremity, and probably leaving a safe and navigable passage
between; to ascertain this is of some importance. I am en-
deavouring to fit out a deck'd boat of about fifteen tons burthen
for that purpose, in which I propose to send the two officers above
mentioned. I have, &c,

Jxo. Hunter.

Governor Hunter to The Duke of Portland.

< Despatch No. 37, per transport Barwell, via China; acknowledged
by the Duke of Portland, 5th November, 1799.)

Sydney, New South Wales,
My Lord Duke, 7th September, 1798. r sept.

As it has appeared to me that the nature and cause of the The colonial
expences of this colony has not been so clearly and fully explained expenditure,
to your Grace as I could have wished, and that the Commissary's
vouchers for the expenditure of the different sums occasionally
drawn for have not been so thoroughly investigated as it would
be pleasing to me they should be, I have endeavoured to comprize
this necessary information within as narrow limits as it can be
done, that your Grace may have very little trouble in gaining that
knowledge upon this subject which I am particularly solicitous
you should possess.

1 cannot help being of opinion, my Lord, that some pains have The
been taken to make it appear to Government that Norfolk Island S^ofcLskikL
is of little or no expence to the Crown, and to cast the odium of
general expences of this territory upon New South Wales only.
To shew the fallacy of such opinion, I have myself extracted from
the Commissary's books (which I will venture to assert were
never so correctly kept as since my arrival in this colony) the
particulars -contained in the enclosed paper, and I trust that this
simple and fair statement will prove to your Grace's satisfaction
that, after all that has been said or imagined of the importance
of that island, its expences are considerable, and in every respect

* Note 84. t Note 85.

222

HISTORICAL RECORDS OF AUSTRALIA.

1798. as much as the same number of people would cost the Crown

7 Sept. jn thjs colony. When I assert this, my Lord, I mean not to
insinuate anything to the disadvantage of the management on
Norfolk Island. I know no officer who is more capable or
possesses more zeal "and integrity than Lieut. -Governor King, who
commanded there with so much credit to himself and satisfaction
to me; but I can never admit opinions so extremely, erroneous to
go forth as that the expences of Norfolk Island are trifling and
those of this colony enormous.

It happens convenient enough for the commanding officer there
that those expences do not appear in bills under his name, but
are ordered to be defrayed by the Governor-in-Chief, and conse-
quently became too much blended with his concerns.
Return of I will take this opportunity to request information relative to

superin en en s ^e number of superintendents and storekeepers allowed, and to

storekeepers.

Expenditure
in New South
Wales.

point out by the enclosed list how that description of persons
is employed. Your Grace will observe that if all the master
mechanics are meaned to be reckoned in the number of super-
intendents, together with such of those inferior appointments as
are found requisite to be employed in the Commissary Depart-
ment, that there will be but very few left for superintending the
agriculture, and not one to look after the Government live stock.
The numbers now allowed are the same as formerly, viz., twelve
superintendents, and the late addition of three storekeepers. As
I am desirous of keeping strictly within the number allowed, I
could wish to know if the whole of the master mechanics come-
within the description of superintendents of convicts.

I have, &c,

Jno. Hunter.

[Enclosure No. 1.]

Expenditure, 1st September, 1796, to 30th June, 1798.

A Concise Account of the Expences incurred in ye Settl't in N.S.
Wales between the 1st of September, 1796, and 30th of June,
1798, making about 1 year and |, and for which bills must be
drawn by the Governor upon the Lords of the Treasury : —

The whole number in the colony are near about 5,000 people
Of that number are victual'd by Government : —

Men 1,911

Women ... 771

Children ... 680

Companys, his Maj's ships and Colonial schooner 173

Whole number victual'd by diff' t rations

3,535

Making in all, lull rations

...2,911

n New South

HUNTER TO PORTLAND. 223

EXPENCES. 1798_

£ S. d. 7 Sept.

Paid for grain and swine's flesh between 1st Sept'r, WmjiSw

179G, and 30th June, 1798 29,177 1 3 fnTev

Do. wages of superintend'ts and storekeepers, which Wales

will be repaid into the Treasury by the agent for
the colony 1,178 11 9

Do. wages of the crew of the Colonial schooner ... 432 14 9

Do. for hir'd artificers during the above time, un-
avoidably einploy'd in making tools of agricul-
ture and other works, but who are now most of
them discharged 1,416 0 3

Stores purchased of various kinds, and from real

necessity 1,917 13 4

Rum purchased for the various necessitys of Govern-
ment TOO 0 0

Amount of the sum expended between the above

periods £34,822 1 4

These sums are exclusive of grain raised by Government, of which
the quantity grown last year on the public account would nearly
defray the expence of the whole civil establishment.

Norfolk Island, One Year and Half.

A Concise Account of the Expence incurr'd on this Island be- Expenditure
tween 18th October, 1796, and 28th of April, 1798, and for S[folk
which bills must be drawn by the Governor-in-Chief : —

The whole number of people on the island are about 890, of

which number are victual'd by Government : Men, women, and

children, 500 full R.

£ s. d.

Paid for grain and swine's flesh, between 18th Octr.,

1796, and 28th of April, 1798 8,507 4 6

Wheat sent from Port Jackson 1,115 0 0

Wages paid to the free men employ'd by the com-
manding officers for navigating the deck'd boat
to Port Jackson 46 16 0

£9,669 0 6

Exclusive of a part of what stores may be purchased here, and of
a number of Norfolk Island bills which are now in circulation in
this colony upon the island, which, when presented to the Com-
missary, must be consolidated by bills on the Treasury.*

* Note by Governor Hunter. — It wou'd appear by these comparative statements
that Norfolk Island, in proportion to its numbers, was attended with more expense
than this settlement; but that cannot be. They must be nearly equal. The difference,
as it appears here, proceeds from our issuing salt provisions here, which is not taken
into the estimate, whereas the whole of the animal food serv'd there is purchas'd on
the spot and paid for there.

224 HISTOEICAL RECORDS OF AUSTRALIA.

1798. [Enclosure No. 2.]

7 Sept.

Superintendents in his Majesty's Territory called New

Return of Sotttw Waifs 17Q8

•superintendents. OOUIH WALES lf»8.

Philip Divine, superintends the town labour of Sydney.

W. Broady, master blacksmith, at Sydney.

J. Bloodworth, master bricklayer, at Sydney.

J. Livingston, master carpenter, at Parramatta.

Geo. Barrington, superintends the dutys of the constables
and takes care that they duly attend to the orders of the
civil police.

W. Stevenson, storekeeper, at Sydney.

W. Broughton, storekeeper, at Parramatta.

W. Baker, storekeeper, at the Hawkesbury.

J. Jamison, has the care of receiving and issuing the grain at
Parramatta and Toongabbee, under the immediate direc-
tion of the Commissary.

R. Fitzgerald, superintends the Government agricultural con-
cerns at Toongabbee and Parramatta.

Norfolk Island.
W. N. Chapman, storekeeper.
M. Timms, superintendent of agriculture.
N. Lucas, master carpenter.
J. Drummond, attendant beach-master.
By this distribution it will appear that although the public
service and the live stock becomes very considerable, we have no
person to look after them in particular who should be appointed
to that trust.

Governor Hunter to The Duke of Portland.

(Despatch marked "Separate," per transport Barwell, via China;
acknowledged by the Duke of Portland, 5th November, 1799.)

Sydney, New South Wales,
12 Sept. My Lord Duke, 12th September, 1798.

The conspiracy Your Grace will receive by this opportunity letters and

frrwVi ansport papers from Mr. Geo. Bond, late an ensign in the New South
Wales Corps, who, having been implicated in a suppos'd con-
spiracy on board the Barwell upon her voyage hither, the master
of the said ship persisted in a desire to try those who had been
accus'd and confin'd on the passage, by the approbation of his
officers, whom he regularly conven'd for the purpose of taking
their sense of the measures necessary to be taken on the occasion.
The various complaints which have been made here of the same
nature, and the recent success of a similar conspiracy in the loss

PORTLAND TO HUNTER. 225

of the ship Lady Shore, bound hither, induc'd me to assemble a 1798.

Court of Vice-Admiralty, that it might be known such a Court 12 Sept'
eou'd be held in this colony.* Meeting of

The prisoners were aquitted, as will be seen by the proceedings Admiralty
which have been forwarded to Sir Jas. Marriot. The above Court-
Mr. George Bond is advis'd and seems anxious to commence a
prosecution against the commander of the ship for what he calls
crueltys, and complains of the want of justice, because I do not
consider it proper to detain the Barwell untill another Court can
be conven'd, that ship being now under weigh on her departure
from this territory. Indeed, my Lord, I cannot help feeling the
dignity of my situation much insulted by the illiberal insinua-
tions made use of in Mr. Bond's letter sent herewith, to say
nothing of the reflections it teems with against the Court of
jurisdiction here, to support which has ever been my principle,
and I can never depart from it.

Mr. Bond came here under an arrest of Ensign Bayly, his Ensign
superior officer, but at the interposition of Major Foveaux, com- Bond's arrest.
manding officer, and the general wish of the corps, I suffer'd the
Court-martial for which I had issued my letter to be relinquish'd
on the express condition propos'd by the major of Mr. Bond's
giving up his Commission and returning to England by the first
ship. Coming here thus degraded and charg'd with offences of so
serious a discription, I may have reason to regret that I listened
to Major Foveaux's interposition in behalf of a man whom I am
sorry to say has not answer'd my expectations, and I hope upon
any future occasion the greatest circumspection and caution will
be used in discovering the characters of those who may be sent
out in any capacity to this territory. I have, &c,

Jno. Hunter.
[Enclosure.]
Ensign Bond to Governor Hunter.
[A copy of this letter has not yet been found.']

The Duke of Portland to Governor Hunter.

(Despatch, per store-ship Albiont ; acknowledged by Governor

Hunter, 10th July, 1799. )
Sir, Whitehall, 18th September, 1798. 18 Sept

I have laid before the King your letters of the numbers and
dates mentioned in the margin,:}: and shall proceed to make such
observations upon 'them, and to give you such further directions,

* Note 86. t Note 87.

X Separate, 12th Nov., 1796 ; No. 22, 12th Nov. 1796; Separate, 15th Nov., 1796;
No. 23, 18th Nov., 1796; No. 24, 1st Dec., 1796; No. 25, 10th June, 1797; No. 26,
20th June, 1797; No. 27, 25th June, 1797: No. 28, 6th July, 1797; Separate,
6th July, 1797 ; No. 29, 14th August, 1797.

Ser. I. Vol. II— P

HISTORICAL EECORDS OF AUSTRALIA.

1798.
18 Sept.

The bad
effects of
commercialism.

as they appear to me to require. In doing this I am happy to find
that I have already (particularly in my letters of the 2nd of
March and 30th and 31st August, 1797) anticipated in a great
measure those instructions which the want of order, regularity,
and discipline in the settlement so loudly call for, and require to
be strictly enforced. I very much approve of the measures you
have already taken for enforcing obedience from all persons, civil
or military, to such Public Orders as have been issued for the
establishment of uniformity, regularity, and good order within
the settlement, and you may depend on receiving the most decided
countenance from his Majesty's Government in support of your
exertions to promote these valuable objects, the maintenance of
which can be nowhere more necessary than in the situation in
which you have the honour to be placed.

With respect to the commission of crimes of a more heinous
nature, such as murder and robbery, as they must be committed
by the most lost and abandoned part of the colony, they, I fear,
can only be repressed by a sense of the certainty of the punish-
ment that awaits them. It is with this view, as well as with the
desire of giving the least possible scope to the commission of such
enormities, that I acquaint you with my entire approbation of the
system of police which you are about to establish on the prin-
ciple of dividing the settlement into districts, with proper war-
dens, constables, and magistrates over each. The more frequently
the reports are made by the subordinate officers to the wardens
or magistrates of the districts, and by such magistrates to your-
self, the better. I think the reports to the first should be made
daily, and the most distant districts should report at least weekly
to yourself, exclusively of those occasions which require an
immediate representation to the Governor.

By these means your system will operate to the establishment
of future order and regularity, and will at the same time enable
you the better to apprehend and bring to justice those who
are guilty of the heinous crimes above mentioned, and who, not
being deterred by the magnitude of the offences they committed,
are little likely to be influenced by the severity of punishment to
reform or amend a conduct which is become so habitual to them.

I must next advert to the evils which you represent as arising
from the speculation and traffic in grain, live stock, and spirits,
into which the officers of the Government, and particularly those
in the Military Department, have entered, contrary, as you very
properly observe, to the nature of their institution and the duties
annexed to it. The instructions you have already received having
limited the number of convicts to be allowed to any officers in

PORTLAND TO HUNTER. 227

the manner therein mentioned, had they been duly executed, 1798.

could not but have gone a great way, if not entirely, to cure this 1S Sept"
evil as far as it relates to grain and live stock, because the public
stock would have been already so very much increased as not to
have left any improper temptation to this species of traffic. With
respect to the sale of spirits, it is certainly in your power, as well
as it is your duty, to prohibit, by the most positive orders, all
officers of Government, civil or military, from selling any spirit-
uous liquors to the convicts or settlers.

With respect to the requisition you have made for sending
articles of clothing, stores, and other necessaries for the use of the
settlement, I must refer you to the very ample supplies which
have been sent out in the Buffalo and Barwell, and which contain,
not merely the articles you have asked for, but every other which stores
can tend to the benefit and improvement of the colony. Such of forwar er-
those as are wanted for the convicts you will find you are
instructed to dispose of to the inhabitants at the prices affixed to
them in return for grain and live stock for the public stores.

There is only one thing more which it occurs to me to observe The selling
on this point, which is, that in the list of articles to be so dis- stores.01
posed of the prime cost to Government is only specified as meant
to be taken, whereas, considering the expence incurred by the
public in the transport of those articles, it is but reasonable that
you should on their arrival lay an addition of ten or fifteen per
cent, on the original price, notwithstanding what I have hereto-
fore stated in my letter of the 18th May last.

I am sorry to find, from what you state relative to the curing of
fish, that it is a resource from which the settlement is not likely
to derive any considerable advantage.

Should Mr. Boston,* or any other person sent out at the public The free
expence with a view of benefiting the colony, be found to be a immigiai
charge on the settlement, without a reasonable prospect of any
advantage resulting from his remaining in it, you may give him
the option of returning to Europe, or remaining in the colony as
a settler only.

I am very glad to find that you have received considerable captain
assistance from Captain Johnston,f the present commander of the Johnston-
New South Wales Corps, and at your request I have recom-
mended his son to his Royal Highness the Duke of York, whose
condescension, I am convinced, will dispose him to take notice of
the young man.

Although you are inclined to think that pork cannot be cured The curing-
in Norfolk Island with salt only, I am, nevertheless, of opinion ofP°rk-
that the experiment should be made at the most favourable time

* Note 18. t Note 88.

228

HISTORICAL RECORDS OF AUSTRALIA.

1798.
] 8 Sept.

The

transportation
of Irish
convicts.

The prevention
of bush fires.

Stores per
H.M.S.

Porpoise.

Exploration
proposed.

of the year, because, from the large quantity of pork there, it is
clear that in making the experiment the risque is but small, and
the advantage, if it succeeds, will be comparatively great.

In consequence of what you state relative to the sickly con-
dition of the Irish convicts who came out in the Britannia, I have
ordered that the instructions suggested by Mr. Balmain shall be
strictly complied with by all surgeons going with convicts to
New South Wales, by which I trust convicts will be secured in
future from suffering either by neglect or ill-treatment. I have
also directed a letter, of which an extract is inclosed, to be written
to the Lord Lieutenant of Ireland, in order that copies of the
sentences and terms of transportation of such Irish convicts as
have been sent to New South Wales may be forwarded by the
Minerva, transport, and that similar copies may accompany all
such convicts as shall be sent thither from that kingdom in
future.

It is with great regret I observe the loss which has been sus-
tained by the Crown and individuals in consequence of the grass
or herbage of the country being set fire to by the natives.

In order to remedy so alarming an evil in future, it occurs to
me that it will be proper to oblige all persons holding farms
adjoining to the waste and uncultivated lands to keep plowed up
so much thereof, between the cultivated parts and the waste, as
shall be judged sufficient to stop the progress of the fire from the
latter. It will also be highly proper to take the same precaution
with regard to all lands belonging to the Crown, and, in addition
thereto, to make a wide trench or ditch where the situation will
allow of it.

Having now taken notice of such parts of your dispatches as
appear particularly to require it, I proceed to inform you that the
Porpoise, by which you will receive this dispatch, carries out the
articles contained in the inclosed lists, with 116,160 pounds of
pork, for the use of the settlement. There will also take their
passage in this vessel the several persons mentioned in the
margin.*

The object proposed by Government in sending Mr. Parkf to
New South Wales, whose perseverance in penetrating into the
interior parts of Africa pointed him out on this occasion, is to
obtain such further knowledge, both of the coast and interior part
of New South Wales, as may be expected from a person of his
judgement, resolution, and experience.

* Lieut.-Governor King and family, Mr. Commissary Palmer and ditto, Mr. E.
Stamford and ditto, Mr. Sutton and ditto, Mr. Mungo Park, Edwd. Wise Weaver and
family, , gardener and wife, and John Gearish, assistant to the gardener.

t Note 89.

manufacture
of linen.

niaster-weaver.

PORTLAND TO HUNTER. 229

The instructions he has received for this purpose he will be 1798.

directed to communicate to you on his arrival, and I am per- 1S aeptm
suaded you will use every means in your power to enable him to
carry them into execution.

That you may be the more thoroughly informed of the motives
which induced his Majesty's Government to send Mr. Park to
New South Wales, I inclose you a copy of a letter from Sir
Joseph Banks on this subject, and on that of the gardener who
accompanies the hops and other useful plants which have been
selected by Sir Joseph for the use of the settlement.

Besides the several stores sent out in the Porpoise you will stores per
receive by the Minerva, transport, which carries out convicts ^Verva"1^
from Ireland, the further articles mentioned in the inclosed list.

You cannot fail to observe with gratitude and satisfaction the
attention with which you have been furnished with the means
necessary to enable you to make a rapid progress in the weaving The
of coarse linen for the use of the settlement by sending you every
article necessary for immediately setting up a number of looms,
together with a master- weaver to superintend them and to
instruct such persons as you shall put under his direction.

As I have heretofore advised you of its being the intention of Edward wise,
Government to send out a master- weaver with the looms and
articles for weaving, I hope you will be prepared for him, and
that you will be enabled to furnish him with a sufficient quantity
of materials and of persons selected for weaving and spinning
immediately on his arrival.

The salary of Mr. Edward Wise,* you will perceive by the in-
closed copy of the agreement which has been made with him, is
£80 a year from the time of his embarkation, and you will draw
upon the Lords Commissioners of the Treasury for that sum as it
shall become due. I am, &c,

Portland.
[Enclosure No. 1.]
Under Secretary King to Lord Castlereagh.

(ExtraCt) 24th July, 1798.

I also take this opportunity of inclosing to your Lordship an Transportation
extract of a letter which has lately been received from Governor
Hunter, for his Excellency's information, urging the necessity
of having lists transmitted to him of all such convicts as are sent
to New South Wales; and I am further directed by the Duke of
Portland, after referring your Lordship to my letters to Mr.
Cooke, of the 9th of February, 1797, and 20th of March, 1798,
to suggest the propriety of sending to Governor Hunter correct
Lists of all the convicts who have been transported from Ireland to

* Note 90.

of Irish
convicts.

•230 HISTOEICAL RECORDS OF AUSTRALIA.

1798. New South Wales, including those now about to sail in the

18 Sept. Minerva, which have not already been transmitted to him, and
also the propriety of sending by the Minerva duplicates of such
lists as have already been transmitted to the Governor.

[ Sub-enclosure. 1
[This extract consists of the tenth paragraph of the despatch
No. 27 of Governor Hunter to the Duke of Portland, dated 25th
June, 1797.']

[Enclosure No. 2.]
stores per An Account of Implements of Husbandry, shipped on board the

Porpoise. Porpoise, storeship, for New South Wales, consigned to

Governor Hunter : —
The Hon'ble the Commissioner for managing his Majesty's Trans-
port Service.

Bo't of William Jones, No. 141, New Bond-street.
Goods for New South Wales delivered at Deptford, to the care

of Mr. D. Martin: —
July 5th, 1798. £ s. d.

No. A 1, 2 & 3 ... 3 casks, containing 500 falling-
axes for clearing ground, sorted,

at 2s 50 0 0

No. A 4 ... 1 cask, containing 100 pickaxes,

3/- 15 0 0

No. A, 5&6 ...2 casks, containing 223 socket-
spades, sorted, 2/6 ... ... 27 17 6

No. A, 7 ...1 cask containing 222 reaping-
hooks, sorted, @ 1/- 11 2 0

A: 8&12 ... 5 bundles plate iron, w'r, 5cwt.

lqr. 31b., 32/- 8 8 10*

A:13&17 ...5 bundles plate iron, double-
rolled, 5cwt. Oqr. 01b., 34/- ... 8 10 0
A: 18 ... 7 casks, containing 250 reaping-
hooks, sorted, @ lOd 10 8 4

A:19&20 ...2 casks, containing 250 spades,

no handles— 30 at 2/6 ; 220 at 2/8 33 1 8
A : 21 ... 1 cask, containing 27 spades

(500 in all), 2/8 3 12 0

30 reaping-hooks (502 in all),

lid 17 6

11 casks at 7/- 3 17 0

Swede's iron, assorted, in flat

and square bars, 77 bars, w't

30cwt. Oqr. 01b., at 27/- ... 40 10 0

Rod iron for nails, and 19

bundles, w't, lOcwt. Oqr. 211b.,

@ 31/- 15 15 9|

Blistered steel, w't. lOcwt. lqr.

81b., @ 42/- 21 13 6

Paid waterage for craft and men 2 16 6

€254 0 8

PORTLAND TO HUNTER. 231

[Enclosure No. 3.] 1798.

18 Sept.

Sir Joseph Banks to Under Secretary King.

My Dear Sir, Solio Square, 15th May, 1798.

I have been rather out of order this week past, and hard
work'd beside by my Lord Liverpool, which is the reason I have
not before troubled you with this.

I am glad to hear from Capt. King that you have agreed to Plants and
put a plant-cabbin on board the Porpoise. I have consulted Col. for ^he colony.
Paterson about the European plants and fruit-trees that have
been already introduc'd into the colony, and I find many of great
importance still wanting, particularly the hop, which, by enabling
the colonists to brew beer, will diminish the consumption of un-
wholesome spirits, and add materially to the health and comfort
of the inhabitants.

The cost of framing such a plant-cabbin and fitting it on board
the vessel will be under £60, and if a sum not exceeding £50 is
allowed to me I will undertake to provide all the plants that can
be wanted, and necessary tools, &c, for the gardener.

I have met with an ingenious young man,* educated as a
kitchen-gardener, who wishes to marry and carry out his wife to
settle at Sidney. His character is excellent. He will thankful! y
undertake the care of the garden on board, without pay, if he is
permitted to go out as other settlers have done, and have the same
indulgences when he arrives. He will, I conclude, set up there
as a market-gardener, and no doubt become an usefull inhabitant.

So much for my first speculation. Now for my second, which
I confess I conceive is of great importance.

We have now possessed the country of New South Wales more Exploration
than ten years, and so much has the discovery of the interior^ been in the colony-
neglected that no one article has hitherto been discover'd by the
importation of which the mother country can receive any degree
of return for the cost of founding and hitherto maintaining the
colony.

It is impossible to conceive that such a body of land, as large
as all Europe, does not produce vast rivers, capable of being navi-
gated into the heart of the interior; or, if properly investigated,
that such a country, situate in a most fruitful climate, should
not produce some native raw material of importance to a manu-
facturing country as England is.

Mr. Mungo Park,:]; — lately returned from a journey in Africa,
where he penetrated farther into the inland than any European
before had done by several hundred miles, and discovered an im-
mense navigable river running westward, which offers the means
of penetrating into the center of that vast continent, exploring

* Note 91. f Note 92. J Note 89.

232 HISTORICAL RECORDS OF AUSTRALIA.

1798. the nations that inhabit it, and monopolising their trade to our

is Sept. settlement at Senegambia, with a small force and at an expence
which must be deemed inconsiderable when compar'd with the
object to be attained, — offers himself as a volunteer to be employ'd
in exploring the interior of New Holland, by its rivers or other-
wise as may in the event be found most expedient.
Advantages of His moral character is unblemished, his temper mild, and his
ffun^oPark patience inexhaustible. As he has proved during his African
expedition, he is sufficiently vers'd in astronomy to make and to
calculate observations, to determine both latitude and longitude.
He knows geography enough to construct a map of the countries
he may visit, draws a little, has a competent knowledge of botany
and zoology, and has been educated in the medical line.

He is very moderate in his terms ; he will be contented with 10s.
a day and his rations, and happy if his pay is settled at 12s. The
amount of his outfit for instruments, arms, presents, &c, will
not, I think, exceed £100. He will want a deck'd vessel of about
30 tons, under the command of a lieutenant, with orders to follow
his advice in all matters of exploring. Such a vessel may easily
be built in the country if the one already there, which is found to
have very bad qualities as a sea-boat, cannot be made sufficiently
trustworthy; and Lieutenant Flinders — a countryman of mine, a
man of activity and information, who is already there — will, I am
sure, be happy if he is intrusted with the command, and will enter
into the spirit of his orders, and agree perfectly with Park.

The crew of such a vessel need not, in my opinion, consist of
more than ten men — four for boatkeepers, and six to proceed in
the country with one or both the commanders, as may happen
when inland journies are to be attempted.

If either or both these projects are carried into execution, I
will readily undertake to draw up instructions for all parties, and
to correspond writh them during the execution of their plans,
under the superintendance of your office; such hopes have I of
material discoveries being made, and such zeal do I really feel for
the prosperity of a colony in the founding of which I bore a
considerable share. Jos> Banks.

[Enclosure No 4.]

[A copy of the invoice of stores per transport Minerva has not
yet been found.']

[Enclosure No. 5.]

[A copy of the agreement with Edward Wise, master weaver,
has not yet been found.]

HUNTER TO PORTLAND. 233

Governor Hunter to The Duke of Portland. i7ps.

(Despatch, per American schooner Argo, via China; acknowledged ep ■'

by the Duke of Portland, 5th November, 1799.)

My Lord Duke, Sydney, 25th September, 1798.

I take the opportunity of an American schooner, who
is about to leave this port, and who it is probable may forward
letters "to England some months sooner than the Barwell, which Departure of
sail'cl from hence on the 16th instant, and by which I forwarded BarwSlSPOTt
my dispatches, to observe to your Grace with real concern that
the very flattering prospect of ample crops, which I saw with so
much satisfaction, and had every reason to expect wou'd have
furnish'd a supply of wheat for at least twenty months to come,
exclusive of considerable crops of maize, is at present in a very Failure
precarious state from an uncommon and tedious drought, ° crops*
attended with very sultry weather, and there is now great proba-
bility of wheat being extremely scarse during the insuing season.
I am not, my Lord, apprehensive of any immediate distress from
this unfortunate circumstance, but desirous of shewing your
Grace what difficulty stands in the way of that reduction of the
price of grain which I this year expected to accomplish, and to
say that I am the more particularly concerned at this dissapoint-
ment because I had the pleasing prospect from the last year's
exertions that we shou'd have been complet'ly out of the reach of
immediate distress from one unfortunate season, for I am con-
vinc'd had the present been moderately favorable we shou'd not
have had less than two years' bread for the colony.

It is also a subject of great regret to me, my Lord, to be under Scarcity of
the necessity of mentioning the distitute state of our public stores bedding. &n
in regard to slops of every kind and of bedding. The loss of the
Lady Shore, transport, and the very few supplys of this nature
brought lately into the colony, have so impoverished us that the
people are, literally speaking, nearly naked, and great numbers
without a bed or blanket to lie upon. Your Grace will excuse
my being very earnest in recommending this subject as a matter
requiring the earlyest attention.

Anxious to give every possible encouragement to the rearing of Rearing of
swine, I have lately taken more pork into store than formerly. I
have therefore only to request, my Lord, that this circumstance be
consider'd when bills appear, as it must be paid for here. The
provision mentioned in your Grace's letter by the Britannia,
which was to have been landed with the female convicts she
brought here; had not been put on board that ship. All that was
landed here was what remained of the sea victualing.

I am of opinion that the English flax can be cultivated here with
success. I cou'd wish to have some fresh seed sent out by the first

swine.

234

HISTOEICAL EECOEDS OF AUSTRALIA.

1798.
25 Sept.

Weaving

experiments.

Loss of
despatches in
the transport
Lady Shore.

Stationery
required.

1 Oct.

1 Nov.

Importation
of cattle.

conveyance. I am now attempting- (by way of experiment) to make
a kind of cloth from the bark of a tree which spins and dresses well.
I trust I shall before long be enabled to shew a specimen of it.

Your Grace, in the duplicates of letters I had the honor of
receiving by the Barwell, refers me to original inclosures of
special documents sent by the Lady Shore,* which are not other-
wise particularised. I am, of course, at a loss how to advert to
them, and request you to have the goodness to replace them in the
next dispatches. The law opinions, in particular, respecting the
power of a Vice-Admiralty Court, which your Grace mentions,
I must remain an entire stranger to untill I am in possession of it
by some more fortunate conveyance.

Your Grace, by the letters forwarded by the Barwell, which
returns to England by way of China, will observe we have lately
he?d a Court of Vice-Admiralty here, and the proceedings thereof
have been transmitted to Sir James Marriot.

Before I conclude, my Lord, permit me to remark that the
stationary sent out to this colony is widely disproportioned to the
consumption. I hope, therefore, that a more abundant supply of
that article will be sent as early as possible. The Judge-Advo-
cate's office, which embraces such a variety of objects, and where
the business every day grows upon a more enlarg'd and extensive
scale, is intirely without any allowance, and I have incon-
venienced myself to administer to its exegencies, fearing that the
public service might otherwise have been materially injured.

I have not judged it expedient to send duplicates of my last
dispatches by this conveyance, but will forward them by the
earlyest opportunity. I have, &c,

Jno. Hunter.

The Victualling Board to Governor Hunter.

1st October, 17£
[A copy of this letter has not yet been found.']

Governor Hunter to Under Secretary King.
(A private letter, per store-ship Marquis Cornwallis, via Bengal.)
Dear Sir, Sydney, New South Wales, 1st Nov., 1798.

Your favour of the 6th of February last by the ship
Marquis Cornwallis I received two days ago by the arrival in this
port of that ship with a cargo of live cattle from the Cape Good
Hope. You will discover in some of my letters on the concerns
of the colony what I have said to the Duke of Portland upon the
subject of farming extensively on the public account, and upon
the care of numerous flocks or herds of public stock; and I beg
in this private way to assure you that anxious as I am to have

Note 1

HUNTER TO KING. 235

the settlement well provided, yet every increase of our live and 1798.
valuable stock serves to increase my anxiety and distress for want 1 Nov'
of trusty, well-qualified, and respectable persons to take the care
and management of those truely important concerns.

The multiplied dutys of the Governor are far, very far, beyond The duties of
any idea you can possibly form of his situation, and, unless some the Governor-
means are fallen upon to lessen them, losses in various ways are
unavoidable.

The young man (Evan Morgan) whom you have mentioned, Evan Morgan
upon his arrival here, and upon my understanding he had been ai
bred in the medical line, was by my order plac'd in the hospital
department, where he was far more comfortable than he cou'd
well have expected, and where he might have improv'd his infor-
mation in the original profession for which he had been design'd,
and where also he might have recommended himself by his dili-
gence and proper conduct ; but I am sorry to inform his friends,
after the fair prospect which he had of removing the impression
which his unhappy transport'n to this country might have made
on the minds of his friends and connections, he had made some
infamous acquaintances here, which cou'd only serve to hasten his
ruin. He had been persuaded by them to attempt an escape from
the colony in an American ship bound for China, which had
stop'd here only a few days; in this attempt he succeeded, which
was not discover'd untill the day after his departure, when his
absence from his duty in the hospital made it known.

Suffer me here, my dear sir, to beseach you to recollect that the Supplies of
whole colony are actualy naked ; that no cloathing worth mention- urgently
ing has been receiv'd here for more than two years. The Sylph, reeled.
storeship, brought the last supply, and I mention'd then that the
whole, or nearly all, we then receiv'd wou'd be immediatly issu'd
to cloath the people. Since that time the most studied oeconomy
has been practis'd to endeavour to cover the nakedness of the
people, and at this moment the anxiety which I experience from
daily and hourly petitions is excessive. Not a blanket to wrap
themselves up in during the night, and I fear for the conse-
quences to the general health of the settlement.

Some considerable time past you desir'd I would send you some
seeds of our flowering shrubs, which I did, as also a cage of
parrots for Mrs. King, but I know not whether you have been so
lucky as to receive them.

I shall by this conveyance forward duplicates of my last letters
to his Grace the Duke of Portland, and I shall probably have
occasion to trouble his Grace with a short letter in addition.

I am, &c,

Jno. Hunter.

236

HISTORICAL RECORDS OF AUSTRALIA.

1T9S.
1 Nov.

Arrival of
the ship
Marquis
Cornwallis.

Importation
of cattle.

superintendent
of stock

The burning
of the church.

Morality of
the colonists.

Governor Hunter to The Duke of Portland.
(Despatch No. 38, per store-ship Marquis Cornwallis, via Bengal.)

My Lord Duke, Sydney, K S. Wales, 1st November, 1798.
I avail myself of the ship Marq's Cornwallis, which arriv'd
here the 27th ultimo, and from which I have received on the
public account a cargo of live cattle, to forward duplicates of
such despatches as I sent by the Barwell, which left this port on
the 16th of Sep'r for China.

The numbers of cattle receiv'd by this ship are one hundred and
fifty-eight cows and twenty bulls, exclusive of a few her com-
mander had on private account, which have been purchas'd by
individuals. There are a few rather weakly, but in general they
are in as good health as any 1 have seen landed here after a
voyage of such extent, and will be a vast acquisition to the
colony. A part of the cows are a mix'd breed, between the Cape
and English cattle, which are allow'd to be a good kind, and the
whole appear to be under the age of two and a half years.

Permit me, my Lord, in this place to assure your Grace that a
trusty, well-qualified, and respectable character becomes highly
requisite to have the general care of the different flocks and the
direction of the herdsmen that attend them, who are all convicts
of the most mischievous and worthless discription, and they are
not so strictly looked after as I cou'd wish. The public stock is
now becoming numerous, and must necessarily be divided into
several herds, with a sufficient number of men to look after them,
but these men must again be narrowly watch'd, or much loss will
be experienc'd.

About a month past some wicked and disaffected person or
persons, in consequence of a strict order which I saw it absolutely
necessary to issue, for compelling a decent attention upon divine
service and a more sober and orderly manner of spending the
Sabbath Day, took an opportunity of a windy and dark evening
and set fire to the church.* This building had also serv'd during
the week-days as a school-house, in which from one hundred
and fifty to two hundred children were educated under the imme-
diate superintendance of the clergyman. In two hours it was
completely consum'd.

This circumstance, and many others equally horrid, were they
made known, w'd impress upon your Grace's mind more than
any language I can use what a dreadfull state of wickedness and
profligacy the colony wou'd by this time have been plung'd in had
it not been for the strict civil police which I early saw the neces-
sity of, and have had the good fortune to establish. A more
wicked, abandon'd, and irreligious set of people have never been

Note 93.

HUNTER TO PORTLAND. 237

brought together in any part of the wo'ld. My support of the 1798.

clergy and the countenance which they are entitled to, and which,
as a most necessary and essential part of that civil police, they
will always receive from me, has not been much relish'd by the
colony at large, because order and morality is not the wish of its
inhabitants; it interferes with the private views and pursuits of
individuals of various discriptions.

This misfortune of having our only church destroyed has not,
however, answer'd the end propos'd by its destruction — that of
setting aside for a time all appearance of religion or attendance
on divine worship, and of employing the time set apart for those
necessary purposes or dutys in such manner as best corresponded
with the different views of the various characters ; for, having a A temporary
short time before fmish'd a large storehouse, which had not yet C1U1C1-
been applied to its intended purpose, I have had it fitted up as a
temporary place for public worship, and I have laid the founda-
tion of a large and substantial stone church at Sydney, which we
shall continue to work at with such men as we can afford from
other essential labour untill it is finish'd * I have also laid the
foundation of a church of small size at Parramatta,f and I trust
we shall be able to complete with such materials as may prevent
the success of similar attempts in future.

I have pleasure in assuring your Grace that the colony, gen- Supplies of
erally speaking, is in perfect health; but, as I am concerned to wanted?
add, intirely naked for want of a supply of slop cloathing and of
bedding.

Since the failure of those ill-consider'd attempts of the Irish The conduct
convicts of deserting from the settlement, either by land or water, irishconvicts.
we have had no farther schemes of that nature plan'd. I am of
opinion they will not in future be so unwise, altho' ever turbulent
and discontented; but as a matter of common justice to those
convicts, I hope that your Grace's application to the Irish Govern-
ment for an account of the time of their convictions and terms of
transportation of those hitherto sent from that country will be
attended to. I have inform'd the people that your Grace has
promis'd it shou'd be sent out.

I wrote your Grace since the departure of the Barwell by an Failure
American vessel bound to China, and dated 25th September, in of crops-
which I stated how unlucky we had been in an uncommon sultry
season attended with a tedious drought, but that I did not appre-
hend any other misfortune than the disappointment of my hope of
being able to lower the price of grain this year. Our crops have
suffer'd so much I do not expect that we shall reap more than half
the quantity we had a right to have expected.

* Note 94. f Note 95.

238 HISTORICAL RECORDS OF AUSTRALIA.

1798. With my other duplicates your Grace will also receive one of

lNov. my ]etter 0f ^he 25th July, mark'd separate, in answer to that
Hunter's shamefull, abominable, and artfull letter of Capt. McArthur to

Macarthur's your Grace. You will also, my Lord, receive with it duplicates of
charges. ajj -tg inc]osureSj that there be no difficulty, thro' a want of full

information, in seeing into the unpardonable design of this art-
full, mischievous, and troublesome character.

Your Grace will, I am sure, excuse my taking the liberty to say
that I cannot suffer this man's false and impertinent representa-
tions, as far as they relate to my immediate arrangements and
regulations for the advantage and public order of this colony, to
pass unnotic'd; nor can I allow my conduct for those essential
purposes to be judg'd of and represented by every or any imperti-
nent med'lar or trader in this settlement, who, having no public
duty to employ their time, go sculking about to make their
observations and pass their judgement on all the public measures
which are not convenient to their views and speculations, and
putting such constructions upon them as suit the wishes of their
own malicious heart, and may answer the end of their own
detestable and contemptible designs. Nothing upon earth cou'd
possibly gratify me so much as to have every measure of mine
and its motive clearly understood and seen thro' by your Grace.
I am confident, were that the case, that I shou'd, as matter of
common justice, receive that credit which I hope I am not vain
and I am sure I am not singular, in conceiving myself intitled
to. I wait impatiently for your Grace's judgement on this man's
conduct, and I trust it will be such, when my reply has been
perused and consider'd, as to require his Majesty's ditermination
upon it. His artfull attempt to skreen from any degree of cen-
sure such part of the measures of his own commanding officers as
I found it necessary, consistent with my instructions, to alter,
and which he has attempted, in direct opposition to truth, to
place to my account, was beyond any doubt designed to influence
those gentlemen who are in England, and on the spot, in favour
of his mean and contemptible representations; but they are, I
believe, men of too much honour to countenance a conduct so
highly improper. If he thought they were right, I must of course
have appear'd wrong, and no doubt liable to censure for the
alteration.

The cause of this man's conduct in writing in the secret
manner he did a string of representations so completely untrue
that none in this settlement had been able to make such dis-
coverys but himself, some of which respected my arrangements
and management of its concerns, which at that time I had
scarsely been able to collect any true state of, was clearly from

PORTLAND TO HUNTER. 23£>

my having been able to discover enough of his views to put me on iT98.

my guard against delegating much of the Governor's power or 1 N(n '
authority to him. The good of public service I have never been p1?*^1"'8
able to discover to be any part of his object or wishes, nor am I in Macarthur's
this opinion singular. In short, my Lord, I am thoroughly con- cha,§e&-
vinced that the liberty he has assum'd of corresponding with
your Grace upon the concerns with which I am charg'd he never
wou'd have ventur'd upon but from an opinion that he wou'd
receive countenance in doing so from such of his own officers as
were on the spot in London, who, as officers, I have too high an
opinion to believe capable of encouraging by their countenance
or approbation a conduct subversive of all authority, and of
which I conceive they wou'd feel as tenaceous as I do.

I have, &c,

Jno. Hunter.
P.S. — I began this letter by observing that I had forwarded
duplicates of my last letter by the ship Ms. Cornwallis, but the
master of her appears so undetermined respecting his route to
Bengal that I am a little doubtfull of the safety of the convey-
ance; shall therefore wait another opportunity.

The Duke of Portland to Governor Hunter.

(Despatch, per store-ship Albion; acknowledged by Governor

Hunter, 4th and 10th July, 1799.)

Sir, Whitehall 3rd December, 1798. 3 Dec.

I herewith transmit you an estimate of the expence of the Estimates.
civil establishment of New South Wales and Norfolk Island for
1799, which you will take particular care shall not be exceeded in
any instance whatever.

I also transmit to you inclosed the printed instructions which The financial
it is his Majesty's pleasure that, in common with the Governors administration-
of his Majesty's other colonies, you should punctually observe
with respect to any expence it may be necessary for you to incur
on account of the public service.

You must be sensible that great inconveniences have arisen
from the bills which have been drawn from New South Wales on
the Lords Commissioners of his Majesty's Treasury having been
unaccompanied with the proper accounts and vouchers in sup-
port of them. In future, therefore, you will take care that such
accounts and vouchers constantly accompany all bills drawn by
you on that Board.

I must also observe to you that an equal degree of inconveni- The
ence has arisen from your having omitted to send a particular jdnunistration
and specific return of such articles of clothing and other stores as commissariat.
arc wanted in the settlement, in which those which are wanted

240

HISTORICAL RECORDS OF AUSTRALIA.

1798.
3 Dec.

Returns
required.

The meat
supply.

The ration
of sugar

disapproved.

merely for the use of the Crown should be distinguished from
those which are applied for with a view to be disposed of to the
individuals within the settlement at a fair price, including the
prime cost and the expence and risk of freight from hence. The
returns, in original, duplicate, and triplicate, should be trans-
mitted by the several opportunities which occur, and should be
made out for certain stated periods therein set forth. Besides the
returns above mentioned, you should transmit at the same time
regular general returns of the state of the settlement, in the usual
manner and form as those which have been already received, in-
cluding the quantity of the several articles of provision in store,
the time they will last, and also the quantity, if any, of salt or
other provisions which will be wanted from hence from twelve
months next ensuing, the probable time of the arrival here of such
return.

When the live stock belonging to the Crown, added to that of
individuals, is in so flourishing a state as to supply the consump-
tion at sixpence per pound or less, without risking too great a
diminution of such stock, it is evident that Government will
gain by supplying the settlement with flesh provision on the spot,-
instead of sending any salted provisions from hence. Besides,
such a degree of plenty, in respect of provisions within the settle-
ment, will naturally be an inducement to individuals to take upon
themselves the charge of providing for convicts in return for their
labour; as it is evident that in that case such labour, whether
employed for individuals or for the Crown, must be much more
valuable than the expence incurred in maintaining such convicts.
It is only by adhering to this principle — and considering each
individual convict as bound to earn- his own livelyhood, whether
he labours for the Crown or the individual — that justice can be
done to the public.

I cannot conclude these additional instructions to you without
acquainting you with my opinion upon your having purchased
sugar to be issued out in rations, as you have stated in your letter
of the 20th of June, 1797. The use of that article should be
restrained to hospitals alone, unless it is usually issued to the
King's forces serving in forts or garrisons in other settlements, in
which case it will be proper to observe the same rule in respect to
the military in New South Wales. There must be a variety of
other particulars, on a proper distribution of which a system of
regularity and economy must in a great measure depend, and in
regard to which your local knowledge and experience will enable
you to apply the resources you possess to the best advantage.

I am, &c,

Portland.

PORTLAND TO HUNTER. 241

[Enclosures Nos. 1 and 2.] 1798

[Copies of the Financial Estimates for the year 1799 and the s Dec.
printed instructions to Governors have not yet been found.']

Under Secretary King to Governor Hunter.
(Per store-ship Albion; arrived at Port Jackson, 29th June, 1799.)

Sir, Whitehall, 14th December, 1798. 14 Dec.

Sir Joseph Banks having warmly recommended to his
Grace the Duke of Portland a young man (George Caley*) who George Caley.
has for upwards of three years studied practical botany and
horticulture under his direction, and who from his natural bent
towards these studies feels an irresistible impulse to travel into
foreign parts, under a full persuasion that he shall be able to
discover something useful to the manufactures of the mother
country, I am directed by his Grace to desire that the customary
ration from the public stores should be issued to him, and that
suitable accommodation should be provided for him. I am also to
request that he may be permitted to avail himself of any oppor-
tunity that may- occur of making journies inland for the purpose
of discovering anything likely to prove beneficial to the mother
country or to the colony of New South Wales.

As the young man is full of health, and abounding with zeal for
his favourite pursuit, I make no doubt but that you will give him
•every encouragement to animate his exertions towards attaining
these desireable objects. I am, &c,

J. King.

21 Dec.

The Duke of Portland to Governor Hunter.

< Despatch, per store-ship Albion; acknowledged by Governor
Hunter, 4th July, 1799.)

Sir, Whitehall, 21st December, 1798.

I have great pleasure in learning from your letter of 6th
July, 1797, that strata of coal have been discovered! in various
places in the neighbourhood of Botany Bay. I trust this circum-
stance will afford you constant means of employing a considerable
number of the convicts in a manner equally advantageous to the
settlement and to the interests of the community at large.

As the exportation of coals from hence to the Cape of Good Exportation
Hope is attended with a very heavy expence to the public, I can- of coa1'
not but think that a great saving may be made by sending them
to the Cape from New South Wales in the Government vessels on
that station, which are under your command. You will there-
fore dispatch the Buffalo and Porpoise, loaded with coals, to the

Ser. I. Vol. II— Q * Note 96. t Note 97.

242

HISTORICAL RECORDS OF AUSTRALIA.

21 Dec.

Timber to
be exported
to the Cape.

Books for
the Governor's
library.

Discovery
of coal in
the colony.

Coal to be
exported.

Cape as soon as possible after the receipt of this letter, directing
them to return with as large a supply of live stock for the use of
the settlement as they can conveniently stow.

I learn also, from good authority, that timber of every descrip-
tion is very scarce at the Cape. Lieutenant-Governor King,
therefore, who goes out in the Porpoise, which stops there, is
directed to take that opportunity of informing himself from Lord
Macartney of the species and scantling of timber which is most
wanted there, for the purpose of enabling you to supply the Cape
with that article, as well as coals.

You will therefore give directions to the persons employed in
this service to make the necessary arrangements with the Gover-
nor of the Cape of Good Hope for furnishing you with a supply
of live stock for New South Wales, in return for the articles you
furnish him with for his Majesty's service.

I inclose you a copy of my letter to Mr. Secretary Dundas on
this subject.

You will receive from the hands of Governor King copies of
Captain Cook's and of Captain Vancouver's voyages, for the use
of the Governor of the settlement for the time being. The usefull
information they contain relative to the coasts of New South
Wales must always make them very interesting to you, and on a
variety of occasions must render them highly valuable as books
of reference. j am &c

Portland.
[Enclosure.]
The Duke of Portland to The Eight Hon. Henry Dundas.

Sir, Whitehall, 19th December, 1798.

It appears by the last information received from the
Governor of our settlement at New South Wales that strata of
coals have been discovered there in several places, and particularly
a very fine stratum, eight miles in length and six feet deep, in the
neighbourhood of Botany Bay This circumstance, and the heavy
expence which, I understand, is incurred by the public in sending
coals from hence to the Cape of Good Hope, have induced me to
give directions to Gov. Hunter to dispatch the Buffalo and Por-
poise, storeships, which are exclusively appropriated for the ser-
vice of the settlement, as frequently as possible to the Cape loaded
with that article, and to return with live stock to New South
Wales. The above vessel will carry 600 ton of coal, the value of
which at the Cape, if sent from hence, would, I understand, be
about five or six thousand pounds, and they may be expected to
arrive there with their first cargo about Christmas 1799. I am
also given to understand that timber of every description is very

HUNTER TO PORTLAND. 243

scarce at the Cape; I therefore take this opportunity of suggest- 1798.

ing whether it may not be advisable that the Governor of the 21 Dec'
Cape of Good Hope should receive your instructions to com-
municate with Lt.-Governor King, who is about to take his
passage from hence in the Porpoise, and will stop at the Cape,
with regard to the species and scantling of such timber as may
be most wanted there, and which can be sent from New South
Wales with great facility and of almost any species.

I am, &c,

Portland.

Under Secretary King to Governor Hunter.

31st January, 1799. 31 Jan.

[A copy of this despatch has not yet been found, the enclosure
alone being available.']

[Enclosure.]

Account of Ordnance Stores intended to be sent on board the Ordnance
Porpoise armed Ship to New South Wales : —

Ordered 3rd July, 1798.
Battle Powder Copr. Hd. Wl. Barrels 6

Ball Cart: \ Musket 5

I Pistol 1

Cartridge Paper for 12 & 6 P'drs. ^

Nhms. j 2

Cartridge Paper Musket Do 6

Muskets with Bayonets etc. Compt 200

Pistols Pairs 100

Union Flags* 2

Flints f Musquet 10,000

\ Pistol 2,000

List of Arms, Ammunition etc. for the Service of Norfolk
Island New South Wales, sent by the Walker Whaler : —

Seventy Musquets compleat with Bayonets and Accoutre-
ments.

Three whole Barrels of Gunpowder, with proportionate
Quantity of Balls, Flints and Cartridge Paper.

Two Brass 6 Pounders with Carriages compleat.

stores for
the colony.

Governor Hunter to The Duke of Portland.

(Despatchf marked " Separate," per H.M.S. Buffalo to the Cape
of Good Hope.)

Sydney, New South Wales,
My Lord Duke, 21st February, 1799.

To write more than I have already done on the effects
which have long attended the extensive dealings of various dis-
criptions of persons in this colony upon the true and permanent

* Note 98. f Note 99.

21 Feb.

244 HISTORICAL RECORDS OF AUSTRALIA.

1799. interest of the settlement I have no desire, nor is it my inclina-

21 Feb' tion to dwell upon the monopolys which have been, and continue
The general to be, made of the little comforts which are sometimes brought
the colony. hither upon speculation. I shall therefore only observe that my
best endeavours to get the better of such acts of injustice are con-
tinually frustrated thro' various means not necessary to trouble
your Grace upon. All I shall say is that the bankruptcy and
beggary which is the consequence cannot fail to be a distressing
circumstance to a feeling mind. I will not, my Lord, add more
upon these truely unpleasant matters ; I have already drawn your
Grace's attention probably too frequently to them. I have also
taken the liberty of pointing out the means by which we may get
the better of them and become prosperous, and I have to hope
that the appearance of so much wretchedness and the effect it
must have upon the prosperity of the colony, together with the
sensations which it occasions so often in me, who witness it, may
operate with your Grace as an apology if I have said more than
may have been thought necessary.

My next concern, my Lord, is to place before your Grace a
matter of some importance to the colony. It at least appears as
a concern of some consequence to me, who am charg'd with all the
public affairs of the settlement, a charge which no artfull con-
federation or function of those private interests, which had some
time past been in the most determined opposition to each other,
will ever dispose me to shrink from, however laborious and diffi-
cult it must be for the management of any one man, whatever
may be his ability, and whose mind in such situation must be
continually upon the stretch to prevent the public suffering from
the private interest of individuals.
Arrival of -By the ship Barwell a Mr. Dore* arrived here with the appoint-

Judge-Advocate ment of Depy. Judge-Advocate to the colony, and said to be a
professional gentleman of the law. I considered this circum-
stance as a very comfortable acquisition to this settlement, and, I
trusted, would be a vast relief to my mind. He had not been
long arrived when, finding I was without a secretary, and had
been for two years, thro' the departure of Capt. David Collins
from the colony, he solicited that appointment from me. I gave it
him, together with the best advice relative to his public duty here
in the double office of Judge- Advocate and secretary to the Gover-
nor, which I, who knew the general business of the colony, as well
as the different interests in it, cou'd with propriety offer him. I,
The legal however, had very soon cause to observe that he was determin'd to

be govern'd by his own views and interests in the line of his pro-
fession, and to follow, or rather to establish, such rules as best
suited those objects, although not known in this settlement before

* Note 83.

administration.

HUNTER TO PORTLAND. 245

his arrival, and which I thought ill-accorded with his situation 1799.

here, either as an officer on public service, paid by the Crown, or 21 Feb-

the confidential situation in which he stood with me. In whatever

way his ideas might have been directed (for he appear'd to have

been counsel'd since his arrival), he did not seem to me to be so

much upon his guard as his situation requir'd he shou'd have

been. The consequence was that some circumstances took place

in his office which I found it my duty to take notice of. This

brought about an exchange of those papers which I send inclos'd

for your Grace's information, as they will better serve to explain,

and will render any other observations from me more than they

contain the less necessary. From these you will see, my Lord,

that I have had great cause for being displeased with Mr. Dore's

manner of doing his duty, and for withdrawing that confidence I

was dispos'd to have placed him.

The very persons whom he has chosen to consider as his best Opinions on
friends are the most loud in other places in proclaiming his con- orescon uc •
duct improper, for here, my Lord, permit me to observe, Candour
is not to be found, and Truth has long since taken his flight from
the colony; but he is prevail'd on to believe that all but myself
approve his innovations upon the former mode of fulfilling the
dutys of his office, and do not condemn the oppressive expences
he has thought proper to levy upon all who have occasion to resort
to his office for justice. Twice, my Lord, has our Court of Civil D°reandthe

-r . . . , -ill- • clVl1 court-

Jurisdiction been set aside by his perverseness and improper
innovations, which the other members, as responsible men, cou'd
not approve or admit, and in a manner, too, which carried with it
a mark'd contempt, not only of the Court itself then assembled,
but of the authority by which it had been conven'd. It could not
have been suffer'd to pass unnotic'd in any Court in England.
Upon the second setting aside of this Court without doing any
business, I judged it necessary to assemble the principal officers
of the colony — civil, military, and naval. I informed them of the
difficultys planted in the way of our Civil Court by this gentle-
man (No. 11). I proposed a few questions for their consideration
(No. 12). Mr. Dore has claim'd apparently a right and an
authority to change the very sense and design of that charter by
which we have hitherto been govern'd in all our judicial proceed-
ings. He quibbles upon the Patent not having interdicted or
forbidden what he wishes, from private views, to introduce. He
persists in being in possession of such discretional powers as no
other man serving that office in this country ever had ; but I know
not what they are, nor can he produce them.

Many of the officers inform'd me that the people were loud in
their complaints of the heavy expences attending every unavoid-

246

HISTORICAL RECORDS OP AUSTRALIA.

1799.
21 Feb.

Increase
of expenses
of litigation.

Arrest of
convicts
for debt
permitted
by Dore.

Judge-
Advocate's fees.

The' growth
of abuses.

able application to his office, and, nntill Mr. Dore's arrival, the
inhabitants of the colony received justice in all their concerns
without expence.* Cou'd vexatious and frivolous prosecutions
have been subjected to some small expence, by way of rendering
them less frequent, I conceive it wou'd be attended with advan-
tage, and in that I wou'd, as far as I may be authoris'd, have
given my sanction; but the fees said to be demanded in the
Judge-Advocate's office are out of all reason. His demands in-
clude stamps and all the revenues derived from them for the use
of the State. He has even suffered arrests for debt to be issued
against the public labouring servants of the Crown, who are not
suppos'd to have any property of their own, and they have con-
tinued imprisoned untill the loss of their labour brought it to my
knowledge, and I issued ordersf forbidding any to credit them, as
their labour wou'd not be dispens'd with for the accommodation
of any private dealing whatever. Yet such arrests have been
repeated, no doubt because a fee attended them. All such ex-
pences are felt in this colony, the more sensibly from none having
been before Mr. Dore's arrival demanded; but if such fees are
meant to be sanctioned by Government, I have only to wish
information upon the subject. That I may not be suppos'd to
approve any measure which may be considered oppressive upon
the people (paper No. 2), I send to shew your Grace how highly
improper his demands are. In this paper it will appear that he
expected, as a professional man, he shou'd be able, by quoting a
few Acts of Parliament, to bewilder my judgement, as well as
that of any other who might know of his demands. The sums
rais'd by the granting licenses to victuallers was design'd by me
to be applied to the erection of an orphan-school. Out of the
small sum collected this year your Grace will discover by this
paper what fees of office Mr. Dore has demanded, and meant to
keep back — one-third of the whole sum. This paper is his own
statement to me when I desir'd to know the amount of the sum
collected, and my observations upon his demands appear in paper
No. 1.

You will see, my Lord, by the accumulating difficultys which
are continually growing up from some unfortunate cause or other,
and obstructing every endeavour and exertion I use for the wel-
fare of this distant colony — you will see, from the views, objects,
and interests of individuals (whose duty it is to co-operate with
the commander-in-chief in forwarding every public measure)
being continually in opposition to the public interest, and the
generality being absorpt in private dealings of some kind or
other, and from whose monopolys a multitude of conceal'd petty
dealers are supplied, who carefully watch the time in which the

Note 100. f Note 101.

HUNTER TO PORTLAND. 247

poor and thoughtless farmer reaps the fruit of his annual labour; 1799.

being without an opportunity of laying out his little earnings to 21 Feb'
advantage, they pour in upon him a torrent of useless and often
destructive articles, and they receiv'd his crop; thro' this means
he is frequently left without bread for his family — ultimately
ruin'd, and his person imprisoned at the suit of those petty
dealers. This class of people we find have subscribed an artfully Dore supported
drawn up paper, approving of Mr. Dore's manner of arrests, by the traders-
because convenient to the ruinous trade they carry on with the
farmer, and not less so to the new revenues of the Judge- Advo-
cate's office, but certainly complete bankruptcy to that description
of people who ought to be the support of the colony. This cir-
cumstance of itself, my Lord, is so truely insignificant as a
defence of that conduct which the other members of the Civil
Court have opposed that it cannot appear favourable to Mr. Dore.
The highly improper manner in which signatures from men, two-
thirds of whom can neither read nor write, have been collected
does no credit to the office; were the management of it strictly
proper, it wou'd stand secure upon that propriety, without the
mean aid of such signatures.

You will discover, my Lord, from all these circumstances what The principal
a perplexing situation that must be where it becomes the duty of jJSSSS *"
an individual to oppose the private interests of the chief inhabi- ^;iththe
tants of the colony, and of some of its principal officers, or if he
falls in any way with their wishes for the sake of his own quiet
and peace of mind, and which if he does must be in opposition 10
the public interest and his public instructions. He must then
expose himself to the King's displeasure and the censure of his
Majesty's minister. All this, my Lord, cou'd be done away com-
pletely by having the colony supplied at a more moderate rate
from home with such of the necessarys of life as are not produced
in this country, and w7ith a few of its luxurys. I must refer to my
letters, Nos. 25 and 30, in which I took the liberty of proposing a
measure.

I cannot help observing in this place, my Lord, that the prying Hunter's
eye of envy and ill-nature will never be at a loss to distinguish cntlcs-
in the best designs or most commendable actions some blemish or
censure, some conspicuous fault, on which they may glut the
desire of a malevolent disposition; those who are not inclin'd to
afford their aid in forwarding any public measure will ever be
most ready to discover some cause or object for illiberal remarks.
Such characters will never be in want of opportunitys for depre-
ciating what they are unwilling to assist, and such persons are to
be found in this settlement. Were the whole of the officers in this
country strictly charg'd with their respective dutys, and forbidden

us

HISTORICAL RECORDS OF AUSTRALIA.

1799.
21 Feb.

Hunter's
irksome
situation.

Opposition
to reforms.

Hunter's
determination.

An

investigation

desired.

any private concern whatever, except agriculture and the rearing
of live stock, they might do well, become a great benefit to this
territory, and be amply rewarded for their attention. A merchant
shou'd have nothing to command or employ his attention but his
merchandize; an officer ought not, therefore, to become a mer-
chant, because the duty of either the one or the other will suffer.

The seeds of that kind of traffic which I have ever considered
injurious to the success of the laboring farmer, whose prosperity
is surely an object of the first importance to this colony, together
with many other improper customs which had been planted here
some years ago, have render'd my situation truely irksome. Many
are the indirect attempts which have been made, in consequence
of my objection to those trading schemes and interests, to throw
difficulty in the way of those objects which have been my chief
care for the advancement of the public interest here; and no
doubt with a view to the heaping one vexation upon another
untill the weight shou'd be felt too heavy for me singly to bear.
By such means it was probably hop'd I might have been enduc'd
to have desert'd that post on which his Majesty had been gra-
ciously pleased to plant me, and to throw the concerns of the
colony into any other hands, who might have less oppos'd the
views of the self-interested part of the settlement. In the new
Judge-Advocate I did expect to have had the aid and confidence
of one officer of weight, ability, and activity; but I soon saw the
steps which were pursued immediately upon his arrival to lead
him from that direct line which his official situation, had he
properly understood it, had mark'd out for him. He was not
proof against them; he was weak and irresolute.

Perseverance on public service, my Lord, is, I trust, one part of
my character, and I have never been known, in a long constant
and faithful service, to shrink from difficulty. All I have to
hope is that I may receive that support in the execution of my
duty and the exercise of that portion of judgement which has
fallen to my lot so essential to the situation I fill, and which my
general conduct may intitle to. My other correspondence has
already shewn some part of what I have had to contend with, and
I trust when your Grace may have time due notice will be taken
of all my representations. Untill that period I will continue to
persevere and hold every artful attempt to cast difficulty before
me by indirect means in the contempt it may merit.

Would to God, my Lord, it were thought an object worth the
attention of Government to have this settlement examin'd and
its concerns thoroughly investigated, from its first establishment
or since my last arrival in it, and compar'd with its present
state, as well as that in which it fell into my hands, and also to

HUNTER TO PORTLAND. 249

consider the means and assistance which have been afforded me 1799.

since my arrival for carrying on the various works and improve- 21 Feb-
ments which have since been executed. On such an examination
by impartial judgement I wou'd most willingly rest my future,
nay, my eternal existence. Pardon me, my Lord, if I appear too
earnest. 1 have, &c,

Jno. Hunter.
[Enclosure No. 1.]
Governor Hunter to Judge-Advocate Dore.

Sydney. 5th December, 1798.
A variety of verbal complaints and much murmuring having Fees in the
reach'd the Governor's ear upon the subject of certain fees and Advocate's
demands made from the office of the Judge-Advocate, the office-
Governor has consider'd it highly necessary that Mr. Dore should
receive the earlyst information upon a matter which so materially
concerns his official situation, and the more particularly so as no
such demands have ever been made from that office heretofore.

The Governor has particularly examin'd the paper laid before Prevention of
him by Mr. Dore upon the subject of establishing certain small litigation.
expences upon all vexatious prosecutions, and in which Mr.
Balmain appears to have agreed in opinion with Mr. Dore. The
Gov'r, in his answer to Mr. Dore's letter inclosing the above
paper, agreed in thinking that some steps were necessary for
checking the increasing number of frivolous prosecutions, and
observ'd also that such were the sentiments of Mr. Collins, the
late Judge-Advocate, that by attaching some small expences to
such frequent and trifling litigation we shou'd doubtless prevent
its occupying so great a portion of our time. Mr. Collins, how-
ever, as well as the Governor, was of opinion that such a circum-
stance shou'd have the sanction of the Government at home before
it cou'd with propriety take place here, and when approv'd there
a regular table of fees and expences wou'd no doubt be sent from
proper authority.

The Governor has in no respect changed his ideas upon that
subject; it continues, therefore, to be his opinion that such a
measure should receive the assent of his Maj's minister before
anything of that nature can be establish'd in this colony.

After the murmurings which the Governor has already heard
upon this subject he cou'd wish to have a list of the expences or
fees demanded from Mr. Dore's office, and this he is desirous of,
to prevent his being liable to imposition from false and unjust
representation, a practice too prevalent in this colony. He must
here take notice that the fees which Mr. Dore has consider'd as

A list of
fees ordered.

250 HISTOEICAL RECORDS OF AUSTRALIA.

1799. due upon the licenses lately granted appear to him to amount to

21 Feb" an immence sum (about one-third of the whole). The reference

Fees claimed which Mr. Dore makes to the different Acts of Parliament which

licenses. establish'd those additional sums is no doubt correct, but the

sums rais'd upon those subsequent Acts were design'd as taxes for

the use of the State, and not fees for that of an individual ; and

as no stamps exist here, or taxes of any kind are yet intended by

the Gov't of the mother country to be levy'd in this settlement,

it will appear that Mr. Dore may have misconceiv'd this business,

for if the Gov'r is right in his judgement of it, two shillings and

sixpence only can be demanded by those who make out the

licences, and that is by way of recompensing the clerk who has

the trouble. The rest of the sum is the property of the Crown,

and is to be applied to some public purpose.

If Mr. Dore has any representation to make upon the subject,
the Governor is of opinion it shou'd be sent home and laid before
the Secretary of State, which he will with pleasure do if Mr.
Dore shall desire it.

In the meantime it wou'd give him concern shou'd any petitions
be laid before him in consequence of the present demands made
from Mr. Dore's office, because he shou'd feel it his duty to trans-
mit them also in order to the Secretary of State having authentic
documents before him, upon which he might with the greater ease
be enabled to form his judgement upon this subject.

Jno. Hunter.

[Enclosure No. 2.*]

Judge-Advocate Dore to Governor Hunter.

Mr. Dore presents respectfull compt's Gov'r Hunter, informs
his Exc'y that there has been issued from his office thirty-one
victualers' licences, which at five pounds each amount to one
hundred and fifty-five pounds, and after deducting the fee of one
pound eleven shilling and sixpence, allow'd by Act of Parliament
for granting the same, according to the extract hereunder, the
ballance in Mr. Dore's hands is one hundred and six pounds four
shillings.

Extract.

And there shall be paid for every piece of vellum or parchment
or sheet or piece of paper upon which shall be written any licence
for selling ale or other excisable liquors by retail —

By 9 Queen Anne, chap. 23, sec. 23. — One shilling.

By 29 Geo. 2d, c. 12, s. 1.— One pound.

By 24 Geo. 3rd, 3d Sept., 2 p 30. — Ten shillings and sixpence.
In all, £1 lis. 6d.

* Note 102.

HUNTER TO PORTLAND. 251

[Enclosure No. 3.] 1799.

Judge-Advocate Dore to Governor Hunter.

Sydney. 6th December, 1798.
Mr. Dore is sorry to find that Governor Hunter feels any cause Defence of the
of remonstrance against the regulations adopted in the Judge- s*ystem of fees-
Advocate's office in regard to fees, and particularly as they were
in the first instance submitted to his Excel'cy's approbation, and
receiv'd the fullest sanction in the Governor's letter of the 28th
July last, without any reservation as to the concurrence of the
Government at home; and, if Mr. Dore may judge of the effect
of such regulations from the general report of the better part of
people in this colony, who seem sensible that their property has
been in a great degree protected and secur'd by the system of
business which Mr. Dore laid down on his arrival here, he is
authoris'd to conclude that it has answerd many desireable pur-
poses, and that so far from being consider'd in the most remote
degree oppressive, it has produc'd many sallutary benefits to the
trading part of the inhabitants; nor has Mr. Dore heard of any
one instance where the fees have been murmur'd at or resisted.

To his Excellency's remark that no such demands were ever
before made at this office, Mr. Dore begs to observe that the fee
of three pounds for a protest (and an extra charge for extending
the same), together with the like sum for every letter of adminis-
tration, probate of will, &c, was taken by Captain David Collins,
and after his departure by Mr. Richard Atkins, the Acting Judge-
Advocate; and if this mode of doing business was instituted
without the sanction of the Gov't at home, Mr. Dore naturally
conceives the trifling addition he has made in other cases too
inconsiderable to trouble them about, although he has no sort of
objection to their being made acquainted with every minutiae of
his conduct since he open'd his Commission in this territory. Mr.
Dore has directed a fee of ten shillings to be charg'd for every
process issued under fifty pounds in civil actions. The affidavits
have been prepar'd upon a plan far different from what was ever
practis'd here before, and strictly conformable to the mode of the
Courts of England. So it is with the writs, &c, &c, for all which
the sum of ten shillings only has been paid in cases under fifty
pounds; from that sum to one hundred pounds, fifteen shillings;
and above one hundred pounds' debt the fee has been extended to
one pound.

The Governor already understands that, for the more speedy
recovery of small debts, a Court, or weekly Petty Session, is held
every Saturday for the determination of cases of this description,
and that upon every summons issued for any sum under five

svstem of fees.

252 HISTORICAL RECORDS OF AUSTRALIA.

1799. pounds there is charg'd one shilling, and above five pounds two
21 Feb- shillings, which is appropriated to the benefit of the Judge -
Defence of the Advocate's clerk. But so numerous have been the applications
for summonses from poor people that nearly as many summonses
have been issued gratis as have been paid for, and on no occasion
whatsoever has a summons been ref us'd on account of the poverty
of the party.

Mr. Dore believes only one protest has been charg'd for, which
was Capt. Munn,* and this he had much difficulty in getting paid.
The sum was three pounds. The residue was occasion'd by ex-
pences in summoning witnesses from the most remote part of the
colony to attend and give evidence in the matter of the horses,
about which Wm. Evans, the summoning bailiff at Parramatta,
was engag'd day and night in journeying upwards of one hund'd
and fifty miles, and Mr. Dore's time was completely occupied for
several mornings in a business which ultimately turned out
moonshine and frivolous.

Mr. Dore presumes that with the office of Judge- Advocate to
this territory he brought with him a discretionary power (subject
to his Excellency's approbation) to institute such regulations as
he might conceive necessary in his department, and particularly
where the interest of the colony was the first object in view; and
he flatters himself the Government at home was perfectly satisfied
with his competency to exercise such discretion. So long, there-
fore, as Mr. Dore has the honor of Governor Hunter's sanction
and assistance he shall sedulously continue to discharge his pro-
fessional duty with the same attention, alacrity, and chearful-
ness he has hitherto done; but, deprived of that, he has not a
wish to retain his situation, nor longer to surmount the increas-
ing anxiety and fatigues of office, unless he is at liberty to attach
those trifling advantages which in some measure compensate for
the toils of it.

Captain Collins, Mr. Dore understands, limited his hours of
business from eleven to one every day, and Governor Hunter
knows that Mr. Dore has unremittingly given his time to the
public service from six in the morning tc a late hour at night,
not even excepting his time in breakfasting and dining, which
has been, and is, daily broken in upon and annoyed by trouble-
some intruders without ceremony or distinction.

Mr. Dore, in reviewing every circumstance of his conduct since
he has acted in the capacity of Judge- Ad locate to this territory,
feels the most perfect satisfaction, so far as a consciousness of
rectitude and honor can afford it, nor does he mean to depart
from a system which has the approbation of his own mind, and
will be found to accord with the principles of a gentleman, nor

* Note 103.

HUNTER TO PORTLAND. 253

will he ever shrink from the most rigid scrutiny into those 1799.

characteristics which distinguish integrity and honor — on which 21 Feb-
basis, independent of party or prejudice, having strenuously
acted, he will consider himself answerable for his official duty to
the high interest that placed him in it.

[Enclosure No. 4.]
Governor Hunter to Judge-Advocate Dore.

7th December, 1798.
On the Governor's return last night from Parramatta he receiv'd Hunter's
a note from Mr. Dore in reply to one which had been written to of mlny0*10"
him in the morning. Upon this note the Governor has to observe statements
1 • ? e i • it bJr °ore.

that some essential parts of his note appears to have been over-
looked, and are not notic'd at all by Mr Dore.

The circumstances, however, which he says were submitted by
liim to the Governor's consideration, were widely different from
those which had given rise to the complaints he mentioned, and
which certainly never had his sanction; and he must farther
add, that instead of their having the approbation of the better
sort of people in this colony, it has been thro' some of those
very people that the Governor has receiv'd information of the
grievances complain'd of, and who have also concurr'd in dis-
approving them.

Mr. Dore's observation relative to protests, and such matters
as have no connection with any part of the Colonial concerns,
the Governor in his observations has no allusion to them; they
are wholly foreign and distinct from the business of the settle-
ment.

With respect to the writs which Mr. Dore has mention'd, the
Governor conceives that the issuing of them is not the business
of any individual member of a Court, hut an act of the Court
when assembled, and it is, he presumes, with that Court to deter-
mine in this country whether any charges, and what, attend the
issuing them.

The Governor is at no loss to understand for what purpose the
Petty Session, or weekly meeting of two or more magistrates, was
establish'd; it. took place long before Mr. Dore's arrival here.
The Governor having heretofore in this country officiated as a
constant member of those meetings in the character of a civil
magistrate,* he is therefore thoroughly acquainted with the
nature of that duty; but as Mr. Dore says that upon no occasion
whatever has any summons been refus'd on account of the
poverty of the party, were it necessary an instance, and a very
recent one, can be produc'd to show that Mr. Dore is not correct.
If, therefore, such things happen without Mr. Dore's knowledge

* Note 104.

254

HISTORICAL RECORDS OF AUSTRALIA.

1799.
21 Feb.

Hunter's
contradiction
of many
statements
by Dore.

Dore's actions
at a meeting
of the civil
court.

or consent, he shou'd certainly put an early slop to them least
they be consider'd as sanctioned by him.

Mr. Munn's protest, like all other matters of that nature, has
nothing to do with the business of the colony; nor has the Gover-
nor any with Mr. Dore's manner of settling such concerns.

The Governor can scarcely comprehend what may be the nature
of that discretionary power which Mr. Dore may allude to when
he says : " He presumes he brought such power here with him "
(subject to the approbation of the Governor or commanding
officer before it cou'd be exercis'd, of course). If he means mer'ly
a power to institute such regulations in his department as have
for their sole object the interest of the colony, and the happiness
and prosperity of its inhabitants, the Governor will at all times
second him most heartily with his utmost authority in establish-
ing any regulation calculated to produce such desireable effects,
but to shut his ear to the complaints of such persons as may apply
to him when they conceive themselves aggrieved, or to set them
aside out of delicacy to the person from whose office those
grievances may spring, wou'd ill accord with his desire of render-
ing to everyone that justice to which he is intitled.

Capt. Collins's mode of doing the business of Judge- Advocate
of this colony has no concern whatever with that upon which the
Governor wrote a note to Mr Dore, and which was intended for
his information on matters with which it was possible he might
not have been acquainted.

The latter part of Mr. Dore's observations are of a nature
which appear to require a more particular explanation, and the
Governor will take an opportunity of calling upon Mr. Dore for
that explanation.

Mr. Dore would have receiv'd this yesterday, but it was
neglected to be deliver'd as order'd.

[Enclosure No. 5.]

Messrs. Atkins and Williamson to Governor Hunter.

In obedience to your Excellency's precept for holding a Court

of Civil Judicature, bearing date the day of December,

1798,* directed to the Judge-Advocate, Eichard Atkins and
James Williamson,! Esqrs., we met on the 20th of December, at
the Court-house at Sydney, for the dispatch of business, and a
writ of arrest, bearing date the 10th of December, was submitted
to the said Court for their decision; but some doubts having
arisen in the minds of the said Richard Atkins and James Wil
liamson as to the legality of the writ, it having been issued by the
Judge-Advocate without the sanction of a Court of Civil Judi-
cature, which by the charter of the colony they conceived to be

* Note 105.

t Note 106.

HUNTER TO PORTLAND. 255

absolutely necessary, and wishing to have the opinion of the 1799.
Judge-Advocate thereon, in hopes that he might remove those 21 *eb-
doubts, we ordered the Court to be cleared, when, to our very Dore's actions
great surprize, instead of answering our question, he informed of the civil
us, in the most rude and unqualified manner, that he had an court
authority for issuing writs independent of the Court, which he
would communicate to no other person than your Excellency;
that he knew his own powers, and that he would stand or fall by
them; but that, as we doubted that authority and those powers,
he had no business there, and abruptly rose from his seat, took his
hat and cane, and wished us a good morning. On being asked
by one of the members if the Court was adjourned, he replied, as
he was going towards the door of the Court-house, that he had no
business with it; in consequence of which the Court broke up
without any business being done or regular adjournment taken
place.*

Such a conduct of the Judge-Advocate we conceive highly
reprehensible, disgraceful to himself, injurious to your Excel-
lency's authority, and insulting to ourselves.

Can it be supposed that any dignity or consequence can be
attached to a Court whose presiding officer shall, in the irrita
bility of his temper, leave it in the manner we have stated to
your Excellency? Is not the dignity of justice rendered in-
effectual by such conduct, and is it not degraded by such
behaviour? As members of the Court we feel ourselves highly
interrested, and we wish that your Excellency and the public
might know that if any inconvenience has arisen by delay, the
Judge-Advocate, not us, is responsible for it.

We think it our duty respectfully to submit this plain state-
ment of facts to your Excellency, humbly hoping that your
Excellency will be of opinion that the proceedings of the said
Court have not been impeded by any act of ours, and that our
conduct has not merited your displeasure

We have, &c ,

Eichd. Atkins,
James Williamson,

Members of a Civil Court.

[Enclosure No. 6.]

Governor Hunter to Judge-Advocate Dore.

On his Majesty's Service.

Sir, , Sydney, 22nd December, 1798.

Having issued a precept under my hand and seal for

convening a Court of Civil Judicature, and by the Public Order

of the 7th instant it was directed to assemble on the 20th, I was

* Note 107.

256

HISTORICAL RECORDS OF AUSTRALIA.

21 Feb.

Hunter calls
upon Dore
for an
explanation.

much astonish'd that day on receiving a letter address'd upon
service from the two gentlemen who with you were to have com-
pos'd that Court, stating that certain circumstances had been
introduc'd, which had appear'd to them to be informal, and that
they had desir'd the Court might be cleared in order to your
having an opportunity of removing the doubts which press'd
upon their minds; and that you might satisfy them they were
acting as members of that Court strictly conformable to the
instruction contain'd in the Patent ; that upon desiring from you
this necessary information you had risen suddenly from your
chair and abruptly quitted the Court, vhich had already been
sworne in, saying at same time that you knew your own authority,
and wou'd not satisfy any person except the Governor.

This, sir, is a circumstance so wholly new in this colony, and
the refusing to do the duty to which yOu have been by his
Majesty appointed, except it be upon such terms as you may be
dispos'd to establish at your own pleasure, is altogether so very
extraordinary that I find it necessary to desire you will acquaint
me in writing whether you are determined to resist the order
contain'd in the precept, and to set aside the Court, which I have
directed may be assembled?

I can only desire to be inform'd of your intention that such
steps as the public service may require may be taken. The case
is in itself so perfectly clear that any argument upon the subject
will be unnecessary. No man can deny the right of the other
members to apply to you for information in everything which is
connected with forms of law, and with which they might not be
sufficiently acquainted, nor can any person construe your un-
guarded manner upon this occasion into anything short of an
insult, which as sworne members of that Court is of a nature
which you must as a professional man be well acquainted with
the magnitude of; I have therefore been the more astonished.

I am, «fec,

Jno. Hunter.

This letter on public service was enclosed in the following
private note: —

Note. — The Governor is sorry to have had occasion to write
officially to Mr. Dore of the subject of the last meeting of the
Civil Court. He trusts that Mr. Dore will see the propriety
and necessity of coming to some decision with himself upon this
subject before the Court may assemble again.

HUNTER TO PORTLAND.

257

[Enclosure No. 7.]
Mr. Dore's querys submitted to the Governor's perusal.

Observations oy Governor
Hunter.

1st.

How are the processes to issue
to be heard in such Court unless
previously taken out for that
purpose?

2nd.

The Patent gives power to the
Court to issue war'ts, &c, but
does not interdict the issuing of
writs previous to such Court, nor
in any manner limit the Judge-
Advocate's power in such in-
stances?

3rd.

It may reasonably be de-
manded, what injury or disad-
vantage can possibly arise to the
comunity from this mode of
arresting in the intermediate va-
cations between Court and
Court?

1799.
21 Feb.

The procedure
of the civil
court.

4th.

What the English Gov't cou'd
not foresee as an evil they found
no sort of inclination to guard
against. Had they intended for
any particular purposes what-
ever that arrests in this way

As they ever have been in this
colony, by the Court assembling
for that very purpose, and after
having issued the writs, to ap-
point a day for their return, and
adjourn until that time.

Altlio' it has not interdicted, it
certainly has not authoris d, as
appears by the words us'd by
Mr. D. — " give power to the
Court." The word writ appears
to signify the King's precept in
writing under some seal, and
issuing out of some Court, which
clearly implys that it cannot
issue with propriety any other
way than from the Court in this
colony.

This question carrys the ap-
pearance of some doubt in Mr.
D. how far the mode adopted by
him is justified by any author-
ity which has yet reached this
distant colony ; but the answer
is plain. It is placing the
libertys of the people in the
hands of an individual instead
of that of a public Court estab-
lished from authority. If we
will allow ourselves to be gov-
erned by such instructions as we
have been provided with, no man
can have cause of complaint;
but innovations which the people
know the law does not admit
will ever create discontents, par-
ticularly such as effect their
liberty.

Gov't cou'd not suppose that
any interdiction would be con-
sidered requisite. This is alto-
gether a negative way of reason-
ing, for Government has, in as
plain and peremptory a way as

Ser. I. Vol. II— K,

HISTOEICAL EECOKDS OF AUSTBALIA.

1799.
21 Feb.

The procedure
of the civil
court.

5th.
The Patent relates to no Act
of Parliament — is merely an in-
strument of instruction.

should have been prohibited, cou'd be necessary, pointed out
they would have made their in- the mode of arrests in this-
terdiction peremptory and plain. country, and it is the duty of

those to whom such concerns are
intrusted to take the instruc-
tions they have been furnished
with for their guide.

Admitted that it is an instru-
ment of instruction, then why is-
it not considered a sufficient
guide? The instruction it con-
tains and the authority from
whence it is issued is surely
sufficient for all our purposes.
No authority in this country can
be admitted as having power to
alter the uniform course of law
and justice.

It is difficult to understand what Mr. Dore may mean when he-
says that he has full powers of discretion to act up to the full
intent, extent, and meaning of the tenor of the authority which he
feels vested in him by virtue of his present appointment.

It is admitted that he possesses full power by virtue of his Com-
mission to officiate in all the dutys of the Judge-Advocate to this
colony, and of a Justice of the Peace, but cannot agree that he has
authority to alter the tenor and meaning of the Patent for estab-
lishing the Courts of law in this colony. And it is insisted that
the other members of the Court have a right to desire information
from the Judge-Advocate relative to any doubts they may have
in a matter or form of law, particularly when they observe any
change or deviation from that Patent which they have hitherto
considered as their guide.

No other reply can be made to Mr. Dore's last observation than
by noticing that the insinuation it contains is truly illiberal, whom-
ever it may allude to. It is also known to be contrary to fact, for
many gentlemen have solicited to be excused from the dutys of the
Civil Court, but never has one, directly or indirectly, requested to
be so employ'd.

If ever Mr. Smyth issued a writ in this country from any other
authority than that of the Court, it is well known it could only have
been one, for the mistake was seen and corrected, as no other was
ever issued in that way after.*

[Enclosure No. 8.]

Messrs. Kent and Atkins to Judge- Advocate Dore.

Sir, 11th January, 1799.

The very improper advantage that has been taken of our
signing the minutes of the last Court of Civil Judicature, by your
asserting that you conceiv'd it an authority from us to issue writs,
makes it become necessary to acquaint you what our ideas were
when we signed them. Our reasons for authorising you to issue

Note 108.

•onduct.

HUNTER TO PORTLAND. 259

writs under our sanction were founded under the idea of public 1799.

utility, but we were fully sensible that any act of ours as members 21 Feb-
of the said Court eou'd extend no farther than during the several a protest
adjournments, and when it was desolv'd the authority ceas'd. judge-
This we conceive, sir, you must be sensible of yourself. You £dv<
must likewise be aware that no act of ours (the very idea would
be presumption) could do away the charter of the colony, which
you must admit is our guide in all judicial proceedings, and no
power but the legislature of Great Britain can alter the intention
and spirit of it. It is unnecessary for us, sir, to say much more
on a subject so obvious to the meanest understanding; we have,
therefore, only to request it may be fully understood that anv
authority (if it has given any legal one) our names may have
given you to issue writs, or to do any other act, was merely
temporary, and cou'd not possibly exist longer than his Exc'y the
Governor's precept for convening that Court remained in force —
anything further being contrary to our intention We do in the
most positive and express terms protest against any act done or to
be done in consequence of our signatures since the last Court was
desolv'd. We are, &c,

William Kent,
Eichard Atkins,
Members of the Civil Court.

[Enclosure No. 9.]
Judge-Advocate Dore to Governor Hunter, and
Governor Hunter's comments. .
Judge- Advocate Dore's Letter. Observations by Governor

Judge- Advocate's Office,
Sydney, 14th January, 1799.

Hunter,

Sir, A A

After presuming that your Upon the receipt of Mr. Dore's The issuing

Ex'ey has been made acquainted letter, the Gov'r desir'd to be °l w*its} b~v
with the singular minutes which inform'd by the other two mem- Advocate"
the two gentlemen you were bers of the Court what were the
pleas'd to appoint as members unfair advantages of which Mr.
of the Court of Civil Jurisdic- Dore complains. They imme-
tion thought proper to insert in diat'ly wrote to the Governor
what appears to be the pro- letter No. 10.
ceedings of that Court on Tues-
day last, and which I conceive
to be in the first instance taking
an unhandsome advantage of my
indisposition, and the enfeebled
state such indisposition had re-
duced me to, being confined to
my bed by a severe attack of

260

HISTORICAL RECORDS OF AUSTRALIA.

1799.
21 Feb.

The issuing
of writs by
the Judge-
Advocate.

B

gont I feel myself bound by the
dutys of my office, and by the
authority of that appointment
which the British Gov't has

B

It would have been highly
pleasing and satisfactory to the
Governor had the dutys of the
office of the Judge-Advocate been
carried on with as much general
satisfaction and advantage as it
had been managed from the
establishment of the colony up
to the time of Mr. Dore's arrival.

honor'd me with, to protest most
solemnly against those minutes,
so far as they may have any
constructive tendency to set
aside the writs which I have
from time to time issued from

Mr. Dore has a right to pro-
test against any act of injustice
which he may feel himself
affected by, but the other gentle-
men have an equal right to that
privilege.

D

my office. First, from my inter-
pretation (as Judge- Advocate)
of the Patent, which does not
prohibit me in my official ca-
pacity from issuing such writs.

D

Mr. Dore's interpretation of
the Patent may be convenient to
the system which he has thought
proper to lay down for managing
the dutys of his office, but it
cannot deprive the other officers
of the colony of the power of
judging for themselves, where
nothing unintelligible stands in
the way, either in point of lan-
guage or any law perplexity.

E

Secondly, from precedents here-
tofore establish'd in the colony
(upon which divisions have been
made).

E.

It is well known here that if
ever there was a president [sic]
of the nature Mr. Dore alludes
to, it could only have been one,
and that must have been occa-
sioned by too slight an examina-
tion of the sense of the Patent,
because, upon further considera-
tion, it was found wrong, and
was never afterwards attempted.

Thirdly, by the peculiar benefits
it has produe'd, and is likely to
produce, to the colony at large.
And, lastly, by an order of
Court, of the fourteenth day of
August last, expressly directing

F

The peculiar benefits to the
colony Mr. Dore mentions can
only be known to him and to
those dealers he alludes to, who
are, certainly, a pest to the
settlement and ruin to the

HUNTER TO PORTLAND.

261

the Judge- Advocate to adminis-
ter affidavits and grant writs at
his office whenever occasion or
circumstances might require it,
of which the following is a
copy (viz.) : —

" And in order to remedy as
much as possible the many in-
conveniences which have been
from time to time complain'd of
by persons having occasion to
commence such, or actions for
the recovery of monies due to
them by reason of their having
been generally accustomed to
wait for the assembling of a
Civil Court before affidavits to
ground bailable actions cou'd be
made or taken.

" The Judge- Advocate of this
territory will henceforth and in
future administer, at his office in
Sydney, in the usual hours of
business, the necessary oaths to
persons who may find it expe-
dient to institute civil suits, and
hold their debtors to bail, and
a day will be appointed with all
convenient dispatch for the re-
turn of such writs, and to hear
and determine all matters in
question accordingly.

" The Judge- Advocate will
also, at his office aforesaid, grant
letters of administration, pro-
bates of wills, &c, &c, and be
ready at all times to further
the designs of the British Legis-
lature in extending to this
colony, as far as circumstances
will admit, the benefit of its
wise and salutary laws.

"The return of writs being a
matter dependent upon local and
occasional circumstances, the
Judge-Advocate will use his dis-
cretion in the regulating such
as are issued from his office, and
it will rest with him to deter-
mine as to the time necessary to
be allow'd for defendants at
certain distances, &c,

" Richd. Dore, J.-Advocate.
11 William Kent.
" Richd. Atkins."

thoughtless labouring farmer. 1799

The order of Court here alluded 21 Feb.
to is denied by the other mem- . — ~
ber as meaning anything more— tfiriteb?
that during the occasional ad- the Judge-
.iournments of that Court, of Advocate.
which they were members, they
cou'd not establish a rule to
govern the other officers of the
colony. This is surely a weak
argument.

(See their protest, letter No. 8.)

262

HISTOEICAL RECORDS OF AUSTRALIA.

1799.
21 Feb.

The issuing
of writs by
the Judge-
Advocate.

G

This order of Court is unques-
tionably irrevocable — as well
might a subsequent Court as-
sume to itself a power of setting
aside decisions which had been
made in matters between party
and party, as attempt to dispute
or recede from the plain letter
which lies before them, and
which is upon record as the pro-
ceedings of a Court solemnly and
formally establish 'd — nor can
human wisdom foresee what
might be the consequences, if
such an extravagant measure
was tollerated either under a
convenient idea of error, or with
a view to answer any private or
particular purpose — but that
Mr Atkins, whose name appears
subscrib'd to those proceedings,
should now question their pro-
priety, and shelter himself
under a pretence that he did not
read what he had subscrib'd, or
that having read he did not
understand them, when the

This argument may suit Mr.
Dore's present purpose ; but how
was it admitted when Mr. D..
with another magistrate, took
the liberty of superceding the
decision of a Court of Civil
Jurisdiction regularly conven'd
— we will not determine for
what purpose.

H

matter had been canvas'd by the
Court (of which he was then a
member), and this decision was
the result, would be a subject of
extreme surprize to me if I had

II

Both members deny the can-
vasing this business by the
Court ; they signed the paper
having learnt from Mr. D. the
intention, and had no doubt of
his being correct; they confided
in his not introducing anything
which might be improper.

/

not trac'd from what quarter, in
what kind of shape, and to an-
swer what purpose the opposi-
tion was originally projected.

The Governor is a perfect
stranger to the projected oppo-
sition of the other two members
to Mr. Dore ; they were fix'd
upon for this duty, the one*
from having done the duty of
the Judge-Advocate formerly,
the other* a new member to be
initiated in the dutys and busi-
ness of a Court, and could not be
better placed than between two
men who knew all the forms.

Note 1(

HUNTER TO PORTLAND.

263

I am loth to trouble your
Exc'y with argument on the
subject ; but I wish to guard you
against being misled, and myself
from the imputation of com-
mitting any innovation foreign
to the sense of the Patent, or of
having given rise to complaints
amongst the people

K 1799.

9i Feb

Mr. Dore need not be uneasy " *

at the probability of the Gover- The issuing

nor being misled. He has lived °* ™V*fl by
i j i i the Jurlge-

so long, and has seen so much Advocate.
of mankind, particularly in this
country, that he is quite upon
his guard. He judges for him-
self with respect to the Patent.

Your Exc'y has been informed
that they have complain'd of my
mode of doing business. I deny
it. I have collected the sense of
almost every individual (with a
few partial exceptions) of the
midling but respectable discrip-
tion of inhabitants. Those who
by habits of trade and dealings
were most likely to be interested,
and to have a voice on this oc-
casion— and from a written
document ( spontaneously sub-
scribe by nearly seventy per-
sons' names) which I am in

The Governor is but too well
acquainted in this colony with
the respectable description of
people Mr. Dore alludes to when
he exults in having obtained the
signatures of about seventy in
favor of his system. They have
ever been considered here as a
class of people ruinous to those
on whom the colony should
chiefly depend, but whilst the
settlement is pesterd with such
a nest of dealers the laboring
farmer will never succeed and
become respectable. They will
no doubt be convenient in pro-
moting litigation, and all the
expenses which are now felt in
this territory to attend it.

31

possession of, it will appear that
so far from the people having
complain'd of my mode of busi-
ness, they have one and all
heartily and gratefully ap-
plauded it, and if they ever had
reason to complain it was that
such a plan had not heretofore
been generally and effectually
establish'd.

M

So far the Governor will ad-
mit that the interests of the
dealers have been benefitted, but
the interest of the colony in its
most useful inhabitants (the
laboring farmer) has suffered
materially from the temptations
held out by the dealer to this
useful but thoughtless descrip-
tion of people.

N

N

That they have been put to
material inconvenience, reduced
to great distresses, and been set
at defiance by a certain descrip-
tion of debtors, because they
were oblig'd to wait for a Civil

The two characters here con-
trasted by Mr. Dore were the
same description of people when
they came to this country, and
we have very little reason to
think that any extraordinary

264

HISTOEICAL EECOEDS OF AUSTRALIA.

1799.
21 Feb.

The issuing
of writs by
the Judge-
Advocate.

Court to get a writ issued, be-
fore the assembling of which, if
some more fortunate creditor
did not step in between, their
property was wantonly squan-
dered away, misapplied, or
wasted, and no redress left them
but the persons of their debtors
devoted to a prison ; and they
unreservedly declar'd that this
was, therefore, the readiest
mode to preserve the property of
honest creditors, and defeat the
fraudulent designs of unprin-
cipled debtors.

So far your Exc'y will be sat-
isfied that the interests of the
colony have been in no wise in-
jur'd by this system of business.
(Vide M.)

And your Exc'y may perhaps
be inclined to admit the general
propriety of the measure, but
may be in doubt as to the con-
struction of the Patent.

change has yet taken place
either in the morals or prin-
ciples of these honest creditors
and unprincipled debtors.

The Governor has no doubts
respecting the construction of
the Patent, altho' he cannot im-
mediately adopt Mr. Dore's con-
struction.

O

That your Exc'y may under-
stand upon what ground I estab-
lish my construction of the
Patent when I say it does not
interdict the issuing of writs by
the Judge-Advocate, I beg leave
to refer you to that part which
directs a Court of Civil Juris-
diction to be assembled, with
power to hold' plea of and to
hear and determine all pleas
concerning lands, debts, &c.
Permit me to ask what pleas
are at issue? What is the
Court to hear and determine 7
unless processes have been pre-
viously issued for the Court to
hold such pleas of and to hear
and determine accordingly. Had

O

This question is answered in
the first observation to Mr.
Dore's queries. (Vide No. 7.)

the Patent set out by directing
such Court to assemble, in the
first instance, to administer affi-
davits and to grant writs, which
they were afterwards (at a
future sitting) to hear and de-

The Patent had no occasion to
set out by directing such Court
to assemble, &c. That sense is
clearly implied in the letter of
it; consequently might have
been obvious to Mr. Dore if he

HUNTER TO PORTLAND.

265

termine, the letter of its mean-
ing would have been obvious,
plain, and unequivocal; but in
the shape I find it I cannot give
any other construction of its
tenor than I have done. Upon
this construction I have form'd
my opinion ; and I trust it will
appear when an explanation
comes from the British Govern-
ment that if I have not exactly
comprehended its express mean-
ing I have in no respect per-
verted the letter of it.

had been inclined so to under-
stand it.

1799.
21 Feb.

The issuing'
of writs by
the Judge-
Advocate.

Q
The office of Judge-Advocate,
your Exc'y will observe, is so
virtually important as to be ab-
solutely necessary to the form-
ing a Court of Civil Jurisdiction,
inasmuch as all processes are
directed to be under the hand
and seal of this officer, who is
consider'd as the President and
leading member of the Court.
The other members, therefore,
altho' component parts of such
Court, in matters where a dis-
crimination of law points is ne-
cessary, are to be guided by the
Judge-Advocate, whom the
Gov't at home have deligated
for such purposes, and. it is

Q

We admit that the Judge-
Advocate is necessary to the
forming a Court, and that all
the law processes should pass
under his hand and seal as a
lawyer; but we are not to
understand from that formality
that the other members, as com-
ponent parts of such Court, are
to be considered as mere matter
of form — as men without com-
mon sense or judgment. It will
be found that some of them are
not less acquainted with forms
than some of the profession.

R

reasonable to suppose were sat-
isfied with his qualifications and
responsibility ; and I would ask
how your Exc'y would act it
two members were to take upon
themselves to pronounce a de-
cree contrary to law? What a
wide field would this open for
renewed contentions, the off-
spring of doubt, uncertainty,
and dissatisfaction. Your Exc'y
would naturally consult with the
only law officer in the colony,
from a conviction that the Gov-
ernment which' intrusted him
with his appointment was sat-
isfied with his competency to
decide, and that he is respon-
sible to them for his decisions.

R

It is taken for granted that
the Government at home is sup-
posed to be satisfied with the
ability of every officer th»y ap-
point here, but they will be more
so when verified by experience.

266

HISTORICAL RECORDS OF AUSTRALIA.

1799.
21 Feb.

The issuing
of writs by
the Judge-
Advocate.

8
I am too tenacious of the im-
portant trust confided to me by
the British Government — I am
too independent in mind and
circumstances — to have any sin-
ister view to answer by support-
ing the system I have enter'd
into. Nor can I forget the sacred
pledge I left behind me to trans-
mit to England by every oppor-
tunity a faithful representation
of this colony, its police judicial
proceedings, &c, &c, embracing
every object worthy of public
communication ; and can it be
suppos'd that I would risk my
professional reputation either
here or at home by attempting
wilfully to violate the charter
of the colony or establish any
construction upon its meaning
foreign to the tenor of it? Can
it be suppos'd that I had ever
any object in view but the good
of the colony and the people?

To the grateful suffrages of
the people on this occasion let
me appeal for their general
sense of approbation, and to the
effects already produc'd by my
system for their anxious wishes
to continue it.

8
Mr. Dore's independence can
have nothing to do with the
point in question ; nor is it ne-
cessary to make any observa-
tion upon Mr. D's views in
supporting his new system. His
promises to transmit to his
friends from time to time his
account of observations made in
this country can have no con-
nection with the main subject of
his letter to the Gov'r. Every
person resident here have an
equal right to give to their
friends whatever they may
think worthy their notice.

Your Exc'y will suffer me here
to remark that it was your own
particular desire a professional
gentleman should be sent from
England to regulate and qualify
judicial proceedings in this
colony. For that purpose I am
come, and I trust I shall never
want your Exc'y support as
chief magistrate whilst I act
up to the spirit of the appoint-
ment and the apparent sense of
the dutys attach'd to it.

The Governor admits that it
was his wish that a professional
gentleman of the law should be
sent here as Judge-Advocate,
and he trusted that he wou'd
have found a useful and confi-
dential officer in such a person;
but it is with regret he must
declare that, instead of being
reliev'd from much trouble and
perplexity, he has experienced
more than formerly.

V

If your Exc'y had been

pleas'd in an earlyer stage of

this business to have interdicted

any of my measures, to you, sir,

V

The Governor had no wish or

desire to interdict any of Mr.

Dore's measures, or was it

likely he should make any ob-

HUNTER TO PORTLAND.

267

as Governor of this territory, I
shou'd have paid every respect-
ful 1 defference.

Your Exc'y may be assur'd I
shall ever do so ; but permit me
to ask if you are aware of the
evils likely to result from over-
turning a system which as
Judge-Advocate to this territory
I have consider'd myself war-
ranted in introducing, particu-
larly after its good effects had
been almost universally felt and
acknowledged. Innumerable and
complicated will be the public
inconveniences, perhaps in some
instances particularly fatal. It
will disturb the current of jus-
tice, call in question the power
of the officer the British Gov-
ernment has delegated to so
important an appointment, and
eventually tend to disseminate
murmurs and dissentions
amongst the people.

servations upon what he knew 1799

nothing about until he was told 21 Feb
they gave discontent to many.

Mr. Dore's anticipation of
evils which will result to the
colony from the doing away a
system which he has thought
proper to lay down is absurd.
We never have yet experienuced
such calamitys when such a
system as his own was un-
known in this settlement What
danger can there be appre-
hended from following strictly
and to its full extent that
charter which was given as our
guide? The Gov'r knows of no
authority in the J.-A. which
gives him a power to establish
systems which appear inconsis
tent with the sense and design
of our charter, nor is he appre-
hensive of any of those evils
which Mr. Dore looks forward
to in following that interpreta-
tion of the Patent which has
stood since the establishment of
the settlement. Whenever a
more extended colony and an
increas'd number of inhabitants
may render a change in the
establish'd system for the ad-
ministration of justice neces-
sary, the Government of the
mother country will determine
what change shou'd be estab-
lish'd.

The issuing
of writs by
the Judge-
Advocate.

w

If your Exc'y conceives the
strict letter of the Patent for-
bids the measure I have adopted,
and wou'd recommend its being
henceforth suspended, hence-
forth be it suspended; but
surely, and at all events, the
writs which have been granted
and which are now at issue,
shou'd be heard and determin'd
It will then rest with your Exc'y
to make such suspension (until
the pleasure of the Government
at home is known) as shall be

W

The Gov'r has not said that
the letter of the Patent in direct
terms interdicts or forbids Mr
Dore's measures, but he has
declar'd it to be his opinion that
the letter of that instrument is
clear and intelligible, and directs
in plain language what mea-
sures are to be pursued ; but
they are not such as Mr. D. has
thought proper to lay down.

The Gov'r can give no opinion
on any matter pending before a.
Court. The members in general

268

HISTOEICAL RECORDS OF AUSTRALIA.

1799.
21 Feb.

The issuing
of writs by
the Judge-
Advocate.

deemed expedient under the ex-
isting circumstances.

I have only one observation
to trouble you with in regard to
the fees, which under your
Excy's sanction I have attach'd
to the several processes. All the
parties who have subscrib'd the
document I allude to have un-
animously declar'd that they
consider 'd it just and necessary,
and were well satisfied it was
a measure pregnant with good
to the colony, and would prove
serviceable and advantageous to
the trading part of it; but on
referring to the Patent your

will think for themselves, and
their decision will come before
him in course.

Exc'y will see that costs of suit
are particularly allow'd.

I have, &c,

Richd. Dore,

Judge-Advocate.

The Governor, relative to costs
of suit, contends that all those
things are to be settled by the
Court, and he presumes that the
other members may be as tena-
cious of their situation as Mr.
Dore may be of his. They ap-
pear unwilling to conform the
unbounded power of the Judge-
Advocate and their own insig-
nificance as members of that
Court.

J.H

[Enclosure No. 10.]
Messrs. Atkins and Williamson to Governor Hunter.

Sydney, 3rd February, 1799.
Your Excellency having signified to us that Mr. Dore, the Judge-
Advocate, in one of his letters, complained of our taking an
unfair advantage at the last meeting of the Civil Court, in pro-
posing questions to him at the time he was labouring under great
bodily infirmity, it becomes necessary for us to represent to your
Excellency that prior to the opening of the Court the Judge-
Advocate was asked whether he was able to proceed to business ;
that if he was, Mr. Atkins, one of the members wished to propose
a question to him, to which the Judge-Advocate answered, "By
all means." At the time this passed, Mr. Balmain was sitting
with Mr. Dore. The question proposed by Mr. Atkins was,
" Whether in all judicial proceedings is or is not the Charter of
the colony to be our guide ? " .

The answer the Judge-Advocate gave was — " Certainly.'*
Receiving this answer, Mr. Atkins replied — " That, sir, being the

HUNTER TO PORTLAND. 269

case, I am of opinion that all the writs of arrest issued by you 1799.

without the sanction of a Court of Civil Jurisdiction are illegal." 21 Feb"
Mr. Williamson, another member, joining in opinion, we desired Statement of
it might be made a minute of the proceedings of the said Court, at a meeting s
but the Judge-Advocate refusing so to do, either by himself or °J *£ cml
clerk, and thinking it absolutely necessary for our own justifica-
tion that it should be done, Mr. Atkins ectered it himself, and it
having been signed and approved of by the two junior members,
we conceived it was binding upon the Judge-Advocate, who
certainly is vested with no greater power than any other indi-
vidual member. The Court then adjourned sine die.

It is not unknown to your Excellency that notwithstanding the
Court had determined the writs so issued were illegal, the Judge-
Advocate still continued the practice to the great contempt (as we
conceive) of your Excellency's authority and that of the Court.
We beg leave to say that we feel ourselves happy at all times in
obeying your Excellency's orders, but when our best endeavours
for the public good are to be treated with the contempt they have
been by that gentleman, we are free to confess our duty becomes
irksome. Ten years have now elapsed since the jurisdiction of
that Court has been acknowledged, and the powers granted it by
the Charter clearly defined. The late attempt of the Judge-
Advocate to act independent of it is such an innovation that
we know your Excellency will clearly perceive the serious conse-
quences that may attend it, for it not only assumes the power of
establishing unauthorized fees (which we are ready to prove), by
which means the poor and necessitous, from their inability to
pay them, may be deprived of the benefit of those laws which was
intended to operate for the advantage of all discriptions of per-
sons, but it likewise arrogates the power of imprisoning the sub-
ject without control. Those are serious considerations which we
submit to your Excellency's superior judgement, and beg leave to
subscribe ourselves

Your Excellency's, &c,

Eichard Atkins,

James Williamson,

Members of the Civil Court.

[Enclosure No. 11. ]
Governor Hunter to The Officers.

Sydney, New South Wales,
Gentlemen, 15th January, 1799.

The subject upon which I have thought it necessary to call
you together being of a nature which I conceive of considerable
importance to various descriptions of persons in this colony, as

270

HISTORICAL RECORDS OF AUSTRALIA.

1799.
21 Feb.

The statement
of the conduct
of Judge-
Advocate Dore
submitted to
the officers.

well as to the public concerns generally, and as it is my wish to
have the advantage of your opinions, I shall have a few questions
to propose for your consideration, and upon which I am desirous
of receiving your sentiments. But before I put any of those
questions it may be proper you should be particularly informed
on the business which gives rise to them, and that I should lay
before you, to assist your judgement in deciding, the original
Charter or Patent upon which our Courts of law in this colony
are established. I shall now proceed to inform you as briefly as
possible.

That a precept having been issued under my hand and seal for
assembling a Court of Civil Judicature, and which, agreable to
public notice, was to have met upon the 12th of December last,
but was afterwards postponed until the 20th. On that day it
assembled. After the members had been sworn, and had taken
their seats, the Court entered upon business. A writ having been
laid before them of a date anterior to the time appointed for the
assembling such Court, the two junior members hesitated upon
the propriety of taking cognizance of a matter which had taken
place before the Court of which they were members had an
existence.

The letter of the Patent having hitherto governed the proceed-
ings of such Court in this colony, they were desirous of informa-
tion from the Advocate-Judge how far they could legaly take
cognizance of the business now brought before them, and which
had not received their sanction as members of that Court; they
expressed an opinion that such business was informal, and wished
the Judge-Advocate to remove the doubts which press'd upon
their mind, and that they looked to him as a professional man
for that information of which they stood so much in need.

Instead of making any attempt whatever to clear up the diffi-
culty under which they labor'd, the Judge- Advocate arose from
his chair, took his hat, and quitted the Court, saying that he
knew his own authority. He was ask'd by one of the members
(both of whom he left in their seats) if he meant to adjourn the
Court; he replied he had nothing to do with it.

In consequence of this extraordinary and, in my opinion, most
unjustifiable conduct of the Judge- Advocate, the other members
quitted the Court-room, round which many people were assembled
upon business. I met those two gentlemen in the street, and
having expres'd some surprize at seeing them there, when I sup-
posed them employed on the business of the Court, they were
proceeding to inform me of the cause, but I declined receiving
information upon a matter of such moment in that way, and
desired they would state the circumstance? to me in writing, that

HUNTER TO PORTLAND. 271

I might not be liable to mistake or misunderstand their state- 1799.

ment; they did so immediately, and address'd their letters upon 21 Feb-
public service. Being much vex'd and astonished at a conduct so The statement
unaccountable, I wrote immediately to the Judge-Advocate, stat- 0f Judge-
ing the information I had received. I addressed my letter upon Emitted?!)1'6
the service of his Majesty, and desired an answer, in order that I the officers.
might pursue such steps as the public good might require. To
this public letter I have never received any reply whatever, not .
even an acknowledgement that it had been received.

I shall not in this place animadvert upon this pointed disre-
spect; another time may be more proper; I shall, however, take
this opportunity to observe that, considering it in a public point
of view, it can bear no other construction than that of a striking
contempt of the office and authority which I hold as the repre-
sentative of his Majesty in this distant part of his dominions, and
which no consideration upon earth shall dispose me to pass over
untill it has been laid before the King.

The Court having now been set aside a second time to the great
injury and inconvenience of many, I have desired this meeting
with you gentlemen in order that I ma}r have the assistance of
your judgement relative to the steps which such a conduct may-
render it necessary for me to adopt for the regular and effectual
administration of public justice in all concerns of a civil nature.

You will see the necessity of coming to an early decision upon
a matter in which his Majesty's service and the public welfare
of the settlement is so materially concerned.

I am well aware, gentlemen, that my public situation and the
power deligated to me from his Majesty will at all times enable
me to act with promptitude upon such occasions as the present,
or any other wherein it shall appear to me that the public good
and his Majesty's service are materially concerned. But I do not
incline to give way to any sudden impulse, but to be govern'd by
mature consideration ; I have therefore to desire your opinions
in aid of my own, reserving to myself as the responsible person
the power of deciding in such way as The public service may
appear to me to require.

I have now only to observe, gentlemen, that in deciding upon
the questions which I have to propose, it may be proper that you
should recollect that every officer in this colony is liable to be
nam'd in the precept as a member of the Civil Court, and that it
has some time past been my determination to withdraw a part
of that fatiguing duty from the very few gentlemen who have
hitherto had the burthen of it. One of the members of this
present Court is the first of those who have never yet been call'd
upon this service. Jno. Hunter.

272

HISTORICAL RECORDS OF AUSTRALIA.

1799.
21 Feb.

Questions
submitted to
the meeting
of officers by
the Governor.

[Enclosure No. 12.]

Hunter's Questions to Officers.

Questions proposed by the Governour to the Principal Officers in
the Colony (Civil, Military, and Naval), in the Court-room,
Sydney, January 15th, 1799: —

1st. Are you, gentlemen, of opinion that the Judge- Advocate
of this colony has a power wholly independent of our Court of
Civil Jurisdiction to issue writs in his own name?

2nd. Have the members of a Civil Court authority to delegate
to the Judge-Advocate a power to issue writs in his own name
during the adjournment of the Court?

3rd. If you shou'd admit that the other members may, without
impropriety, sanction the Judge-Advocate's issuing writs in the
name of the Court, during its adjournment, and as a matter of
convenience to those who have business to do before that Court,
can such authority operate upon the members of any subsequent
Court, or is it effectual only daring the existence of that Court of
which those who gave that authority were members?

4th. Do you suppose if the present Judge-Advocate to this
colony brought out with him any power authorizing him to act
in matters which we have consider'd cognizable only by a Court,
wholly and absolutely independent of the other members of that
Court, that there cou'd be any occasion for his applying for their
sanction in writing for that purpose?

5th. Is it not the duty of the Judge- Advocate to afford such
information relative to points or forms of law to the other
members of the Court as they may see occasion to apply to him
for?

6th. Do you think, if the Judge- Advocate had brought out with
him to this country any power different from what was originally
granted to that office in this country, and particularly such as
cou'd authorize him to annul the instructions so expressly given
in the Patent for holding our Courts, and to adopt such as he
chose instead, that such powers would not have been made known
to the commanding officer, under whose authority they were to be
exercis'd ?

7th. Are you of opinion that any situation which the present
Judge- Advocate to this colony may have heretofore held in any
of the Courts of law in England is a sufficient authority for him
in this country to make whatever innovations or alterations he
may be desirous of in those instructions contained in the Patent
before you, and which have hitherto governed all our judicial
proceedings in this settlement from its establishment ?

HUNTER TO PORTLAND. 273

8th. Have you been able to discover anything defective or 1799.
mi intelligible in the Charter or Patent for establishing our Civil 21 Feb'
Court here which could possibly justify any innovation whatever Questions
upon its sense or meaning, until such defect or unintelligible part the meeting
had been first represented to his Majesty's Minister, and we had the°Governor.
received the sanction of Government for such alteration?

9th. Was the manner of the Judge-Advocate upon the first
assembling of the Civil Court, on the 20th December (the par-
ticulars of which I have stated from the authority of the other
members), such as it should have been in that place and upon that
occasion ?

10th. Could such a manner be considered in any other light
than that of a gross insult to the Court itself, and as mark'd
contempt of the authority by which it had been assembled ?

11th. Do you think it the duty of an officer holding an appoint-
ment under the Crown, when he receives a letter addressed upon
the service of his Majesty, and that, too, from a superior
authority, to acknowledge the receipt of such letter, and if it
requires it to return an answer? jjj

[Enclosure No. 13.]

Officers' Eeplies to Governor Hunter.

Sir, Court-house, Sydney, 15th January, 1799.

In answer to the questions your Excellency has been officers'
pleased to submit to our consideration, we beg leave to reply to reply to

, Hunter's

the, questions.

1st. That we are of opinion that the Judge-Advocate is not
authorised by the Patent to issue writs but in conjunction with
the two members who, with the Judge-Advocate, constitute the
Court, because the Patent, in our judgment, expressly enacts and
directs that a Civil Court of Judicature shall constantly be in
existence for the purpose at all times of dispencing instant
justice, which Court is, in our opinion, alone competent to decide
on all actions or complaints of debt — altho' it has hitherto been
the practice of the magistrates to decide on complaints of debts
for small sums, a practice that we suppose has originated in a
misconception of the Patent.

To the 2nd:— That the members of the Civil Court have no
right to deligate any authority to the Judge-Advocate to issue
any writ whatever, unless they are present.

To the 3rd and 4th we answer in the negative.

To the 5th and 6th we answer in the affirmative.

To the 7th and 8th we answer in the negative.

Ser. 1. Vol. 11— s

274

HISTOEICAL EECOEDS OF AUSTRALIA.

1799.
21 Feb.

Officers'
reply to
Hunter's
questions.

Dore submits
to the opinion
of officers.

9th. Is a subject, in its nature, of such extreme delicacy (Mr.
Dore not being present to account for his conduct) that we must
decline offering any opinion on it. And on the 10th we are, with
submission, of the same opinion.

11th. We conceive neglecting to acknowledge any public
letter from the Governor to be disrespectful and highly improper.

We have, &c,

J. Foveaux.
Geo. Johnston.
Jno. Shortland.
John McArthur.
J. T. Prentice.
Augustus Alt.
William Balmain.

I beg to answer the first question by a simple negative, and in
all the others I perfectly agree with the foregoing signatures.

H. Waterhouse.
R. Johnson.

To the first question we answer only in the negative, and to the

ninth and tenth questions, the Judge-Advocate's conduct was

highly improper. To all the other questions we are of the same

opinion with the other subscribers. TTr

Wm. Kent.

S. Marsden.
[Enclosure No. 14.]

Judge-Advocate Dore to Governor Hunter.

Judge-Advocate's Office, 20th January, 1799.
The Judge-Advocate has the honor of the Governor's official com-
munication* on the subject of the meeting conven'd by his Exc'y
on Tuesday last.

The Judge-Advocate, in obedience to the Governor's commands,
will certainly pay due attention to the unanimous opinion of the
chief officers of the colony. At the same time he presumes that it
is intended to regulate future proceedings without any retrospect
to the past, the cancelling or suspending of which his Exc'y may
be assured will inevitably be productive of very serious incon-
venience to the public.

In the copy of the Patent which the Governor furnish'd the
Judge-Advocate with for his instruction the words alluded to
by his Exc'y are omitted, consequently the error rests with the
transcriber. Otherwise such words obviously carry with them a
meaning which it was not possible to have misconceiv'd, namely,.
" That a Civil Court of Judicature shall constantly be in exist-
ence for the purpose at all times of dispensing instant justice. "f

Note 110.

t Note 111. 71

HUNTER TO PORTLAND. 275

The Judge-Advocate takes leave to request his Exc'y will be 1799.

pleased to direct a copy of all the questions proposed at the meet-
ing to be sent, without which his narrative of these proceedings
will necessarily be imperfect, and a chasm appears in the details
which his friends in England will be at a loss to account for.

The Judge-Advocate is surprised to hear a report has been
current at Parramatta that Mr. Atkins shortly expects to resume
his office as Acting Judge- Advocate, and the tone of exultation
with which that gentleman has thought proper to give out that he
has declar'd the writs lately issued to be null and void seems to
afford a reasonable conjecture from what quarter, and to answer
what temporary purpose, this report has originated.

[Enclosure No. 15.]
Governor Hunter to Judge-Advocate Dore.

21st January, 1799.
The Governor has no other observations to make to Mr. Dore Hunter notes
upon the sense and meaning of the Patent than to remark that Doree'sr°1Sin
Mr. Dore is desirous of putting a sense upon it which no officer conclusions.
or other person in the colony can admit, as appears by the unani-
mous opinion laid before the Governor, and in which he perfectly
coincides.

The transcript of that part of the Patent which has been the
subject of consideration is correct; the words which Mr. Dore
has thought proper to quote, and is desirous of considering as the
express words of the Patent, if he will take the trouble to recur
to the answer made by the officers to the Governor's first question,
he will discover that it is the language in which those gentlemen
chose to convey their construction of the sense and design of the
Patent, and not what Mr. Dore is dispos'd to imagine may be the
words of that instrument.

Mr. Dore presumes that the opinion of the Governor and
officers is intended only to regulate future proceedings without
any retrospect to the past. But as Mr. Dore knew long before
the Governor saw it necessary to collect the opinions of the
officers that those opinions were unfavourable to his plan, which
they have not hesitated to declare illegal, he cannot suppose
that they will sanction what they have so often condemned as
wrong. Mr. Dore has had very early information upon this
subject, but has chosen to hold in contempt and to act in defiance
of such opinions.

Mr. Dore's observation respecting Mr. Atkins wou'd have been
more properly sent to that gentleman. The Governor desires Mr.
Dore will not trouble him with insinuations of a private nature

276 HISTOEICAL EECOEDS OF AUSTEALIA.

1799. which respect others, and with which he can have no concern.

Mr. Atkins is capable of answering for himself, if Mr. Dore has
any charge to bring against him. He shall be informed of the
report Mr. Dore has heard to his disadvantage, and he may per-
haps be able to trace the source from whence it came.

[Enclosure No. 16.]

Judge-Advocate Dore to Governor Hunter.

Sir, Sydney, 22nd January, 1799.

Misconception As no part of our correspondence on the subject of the

patent. Patent seems likely to remove the obstacles which have occur'd

in the construction of it, I shall give your Exc'y no further
trouble than merely to observe it appears rather extraordinary
that the tenor and meaning of so important an instrument shou'd
have been misconceiv'd for such a series of years, and by so many
able and intelligent officers, and now only begun to be understood
because the Judge-Advocate has in his professional character
offer'd an interpretation of it which your Exc'y is not disposed
to allow.

I cou'd have wished your Exc'y had favoured me with the
names of those gentlemen whose opinions you are pleas'd to say
I have held in contempt and set at defiance, and had pointed out
at what time those opinions were said to have been suggested to
me. I shou'd have had an opportunity of convincing your Exc'y
that I am incapable of arrogating to myself any power incon-
sistent with the duties of my office.

You, sir, have done me the honor in more than one or two
instances to say you left the exercise of those duties intirely to
myself, in full confidence of my judgement, nor did your Exc'y
ever express any doubt to me as to the legality of my proceedings
until after you had conven'd the officers of the colony and taken
their opinion on the subject. Permit me to remark that such a
measure was altogether unnecessary, so far as my sense of duty
was implicated, since I shou'd most certainly have paid every
respect to your Exc'y's pleasure, so soon as it had been signified
to me either officially or privately; and after observing that the
affairs of the trading part of the colony are every day getting
more and more confused and derang'd on account of the total
suspension of law proceedings (produced by this recent construc-
tion of the Charter), I beg leave to add that I wait your Exc'y's
commands, and have the honor to remain, &c,

Kichd. Dore.

HUNTER TO PORTLAND. 277

[Enclosure No. 17.]

Governor Hunter to Judge-Advocate Dore. 21 e '

o- M i t im Construction

bir, 23rd January, 1799. of the letters

I have no inclination to dwell longer upon the subject of patent
that Patent, the tenor and meaning of which you express surprize
shou'd not have been understood untill now; but this being your
opinion only, I shall observe that it never has in mine been mis-
understood untill your arrival in the colony, nor have I upon any
occasion which concern'd our Courts of law had difficulty or
trouble in my public situation to contend with until that period.

The meeting which I assembled was for the purpose of a full
and complete investigation of that very Patent, and the only
difference in the construction of its sense and meaning from
former opinions which that assembly entertain'd was that it
appear'd to be the object and design of that instrument that a
Court of Civil Jurisdic